Badapple, Incoming, please help asap!!

[marine]

Badapple

I do have a Q for you, if I may.

I obviously have been through an admin board for adlt/frat and was separated. I am sure you’ve see the post: was legally separated, girl was not in my chain of command, etc. In addition, many procedural errors occurred. I challenged a GySgt on my board for cause and the senior member of the board allowed to remain (on grounds he and I had a unrelated judgment encounter previous where I received a verbal counseling and he set in as a witness on my related JAG investigation and could not remain impartial) He was retained without vote in violation of MARCORSEPMAN. He also told the SMB that he did not know what I was being investigated for although clear documentation signed by him exists in contrary. You heard my allegations about the caliber of JAG I received or the fact I received the LT and the recorder was a LtComm and the reg states it is to be reversed in my favor, etc. MANY hard documented errors occurred. It was the day Clinton admitted ‘misleading the American people”. I have no doubt this was to communicate al arger message, yet will never be able to prove that---however, the Marines made many a violation of regs in order to separate a Marine in a questionable circumstance.

I filed a BCNR with an implicit date of return listed for relief. The date was March 17. I had successfully predicted the Iraqi invasion date a full three months before it occurred. The item was listed due to my passionate want to return for the invasion citing the valuable moral authority would be lost. I constantly called the BCNR and quickly surmised, they were in no hurry. I involved the SECNAV and despite being told that I would be back in, to let the BCNR run it course, that it would be fast tracked, the BCNR took 18 more months and was rejected due lack of evidence citing the official onus ‘rule’. The USMC further agitated the situation with even more inaccuracies in their replies to the USMC such as stating that not mentioning all the items in my outgoing fitrep was passive concurrence although that very attachment to the fitrep did exits and was part of the BCNR appeal???? Pre-texting the BCNR, it took nearly two years to get legible copies of my board and when I did it was clearly destroyed. The records branch said that my microfiche had been damaged, it clearly is a smudge and that no legible record existed in any branch. I obtained a legible copy. All these facts were ignored by the BCNR.

I obviously contacted my representation in TX. Coryn is on the Armed Services Committee. It keeps round tabling back to the SECNAV (many SECNAVS since 1998). Unfortunately, time is not a commodity I have.


Clearly the BCNR has been arbitrary and capricious and I have merit in court, however the final 18 months of the BCNR put me over the statue of limitations or the time passage will allow them to procedural block any ‘real; judicial debate.

Two key facts since: The MARCORSEPMAN on voting in challanges has changed and the adult rule has changed. 2 FOIA request have been ignored on the circumstances on changing the SEPMAN. hmmm?

I even tried EVERY service. The RE-4 code screws me independent of any other factors. I even was willing to go French Foreign Legion but the French took an unfortunate position and did not deploy. Now I am seriously thinking of applying to the British Royal Marines and seeking dual citizenship, but fear the red tape in that effort might also be too long.

I even appealed to Clinton for a pardon. He ignored the request. I wonder why.


I freely admitted to the relationship, never lied, but maintained that I was legally separated. I realize at the time contextually it was a violation. I wholly admit a judgment error. However, I feel a reasonably impartial board would have retained me. I was in MECEP and would now be Major-eligible (Lt Col 2008) As MECEP promotions are not competitive, for enlisted consideration I would be a First Sergeant or MSgt.

I now know that right or wrong aside I should have approached the BCNR with a ‘I’m reformed’. Sad as that is……

Can you think of anything else I can do?

 

[badapple40]

You can always go back to the BCMR, you just need to supply additional evidence that you did not have available at the original board. I'd suggest getting civilian counsel this time around. McCormack and associates are pretty good at BCMR actions.

 

[thepizzaguy]

You can always go back to the BCMR, you just need to supply additional evidence that you did not have available at the original board. I'd suggest getting civilian counsel this time around. McCormack and associates are pretty good at BCMR actions.

Badapple:

Is that the site http://militarylawyers.org based in Virginia?

Marine:

Have you looked into a mercenary opportunities. I hear Soldier of Fortune Magazine http://sofmag.com may have some links to that kind of stuff. I am not trying to sound like an ass. Just trying to offer an idea. I remember a SGT when I was in that had been in for 8 years and got out just because he wanted to see some action. It was peace time post vietnam era then. Not much going he was very gung ho

 

[marine]

I posed my case to that firm and few others looking for civil relief -there were too many procedural defenses (time). I think I might have a case for some tolling on discovery, but we know that it will be a summary judgment with no money jurisdiction. We also talked about fielding another BCNR appeal, but when they blatantly overlook 1000 pages of documented errors, nothing new is going to enlighten them. It’s much a 'government' enterprise. I did my own internal audit of their cases of those freely available to the public in the reading room (100s). They usually deny and cite lack of evidence (and that usually is the case). When they do rule it is usually something that is favorable to the government such as an incorrect entry date, etc. It’s rare for a case to receive 'real' relief other than the occasional RE-4 change. As I refereed the BCNR to the USN IG and the DoD IG--and am still pondering involving the FBI whose tasked with governmental agency corruption --There is really no benefit in trying with the BCNR again. The grounds were obviously collusion, malingering, etc. As counseled with several attorneys now, my case is sound, but they all basically say that you have to admit and show your reform?? Records indicate that’s not too successful either. I was actuarially ignored and the records attempts and BCNR were a tool to get them through the statue of limitations.

Honestly, it simply boils down to I made a judgment error, the Corps was trying to send a larger message to Clinton, an incompetent effort resulted, and admitting to it now is not convenient.

Its idiotic to have a CO who prefers charges then hand select his ‘jury. ’ Its also not fair to expect those SNCOs and officers to know the procedures (although I would expect a remote familiarization) and admin boards are fairly rare.

Two outcomes other than the obvious I've ranted many times over: These need auto-civil oversight and each member of a board needs to be qualified through some type of training class.

It’s larger than me I freely admit, but if the Corps pursues and fubars a simple admin board how can we trust them with such things as terrorist tribunals?

so I wait for the DoD to finish their 'audit' or Senators to write more letters.

but I get the message loud and clear. Do as we say not as we do.

pizzaguy
I have thought about it! My father in law in in Afgan right now on a year contract (left last week). If you are familiar with Ross Perot and his effort to free the hostages in Tehran, I even entertained pitching him a 'Dirty Dozen' concept to go get Osama till they arrested one bounty hunter group and imprisoned them over there.
All contigencies.

I personally think the US Government is going to look ridiculous if I go UK and fight (Prince Harry is set and may go later this year) Heck, if it was good for Pappy in WWII. It’s good for me.