Non carborumdum legitimi

[marine]

What is the name of your state? TX

It's good ol' Sergeant of Marines back in the fight!

Well, Col. I got fed up with the BCNR and the Corps...and, for all you others out there, the lack of assistance from my elected officials. They try to help, but are limited and act as liaisons. I tried a 'private bill' to correct my record only to find out a record cannot be corrected by private bill. I think I exhausted every effort to return to the USMC. Bottom-line, the situation is too complex to correct and easier to ignore. Actuarial 101.

so....what is a Marine to do when he gets kicked out of the Corps despite an atrociously conducted admin sep board for adult/frat when he is legally separated and the co-conspirator is not in his chain of command neither causing disruption to good order? Or the fact the Corps committed more violations of regulations separating a Marine than the Marine himself?

It’s War. Never give up.....and like combat.....you have to find another way....redirect the attack.

I tried the chain of command, I tried the SECNAV, the BCNR, court, and politicians...I lost every battle. I finally came to the conclusion not a single unbiased person believes what I did merited separation and not one legally educated person can believe the board was conducted in such a blatantly atrocious manner. Overwhelming evidence is present and relief is warranted, it’s just not being afforded.

so...I joined the Texas National Guard. I'm going to be an E-5, Sergeant, but I get Infantry and we deploy to Iraq in July. I'll be gone a year and am quite sure I'll get a direct commission on return. After all, I was selected for Marine officer commissioning before the boot.

So inside a Solider in Iraq come late July will beat the heart of a warrior Marine.

Pray for the insurgents. Hell hath no fury like a Marine scorned.

However, the Corps is getting off the hook. I did want to ask Badapple or one of you other legal eagles:

1. Where can I could find an expert(s)(former Judge, Judge Advocate, etc.) to review my case and provide a formal review.
a. Perhaps a pro bono military advocacy legal group?

Prong two of this attack is, armed with the fact I will then have been a combat veteran precluding their position that somehow a legally separated Marine who has a relationship is unfit for combat, and these formal reviews to re file to the BCNR.

2. I'm outside the SOL on charges, correct?
a. It’s been 8 years. Occurrence: 1996 separation in Sept 1998


The logic is with experts citing the evidence the BCNR that might rethink their position. Won’t help me much, but for my Marines still in, the Corps needs a lesson on abusive of authority.

3. Where can I find information on what the catalyst was to change the voting rule? The rule changed very shortly after my board. . In 98, the board voted. In my case, the senior member ruled singularly without clearing the room and kept the challenged member who perjured himself in testimony.

I sent the Corps a FOIA request via certified mail and it was ignored.

Long story short, Clinton committed adultery---- Marines wanted to impose will and create juxtaposition to highlight hypocrisy without seditious charges---- took an innocuous situation, forced it through, it botched it, and now they are covering it up by changing rules and misrepresenting the situations, refusing to correct….to date the BCNR denied relief on lack of evidence without addressing any points, defining any mitigation, or explaining how the evidence of regulatory violation was not valid. The USN IG deferred investigation, the GAO passed it on to the DoD who quietly ignored the request…..

Any other angles?

This is one Marine they wished would go away. Yet, it won’t happen. corruptio optimi pessima

[SHORTY LONG]

22 MAY 06

Marine, one thing 4 sure, and that is if you give up the battle is over! Here is a former Marine and now an Attorney that you may want to contact, Mr. Joseph Low IV
[url]www.aggressivecriminaldefenselawyers.com[/url] Also, BCNR can be sued under
5 U.S.C. § 701-05, the APA Act and within amongst other sections and titles of law!. Also, the Honorable SECNAV can also be sued! So dig in deeper and keep on keeping on!
Shorty Out!

Good for you Marine. Congratulations on getting in with the NG.

Best of luck and Semper Fidelis

[badapple40]

Did you try appealing the BCMR decision to the U.S. District Court under the APA arguing that the decision is arbitrary and capricious? There are time limits for that appeal though...

[marine]

Col.

I attempted to do that in US District court. Had the motion and summons, etc. all prepared and included to the fax that the SECNAV requested when I tried to get him to intervene when I found out the BCNR would not expedite my case (war was imminent at that time). In fact, They took over the time frame passing the SOL. As a BCNR is not a requirement per USC Title 10, the time had lapsed. What is frustrating is that looking at precedence of similar cases, the district court has summarily dismissed cases for not doing a BCNR citing all admin requests had not been attempted! Catch-22!

I figured I'd be poured out of court on a summary dismissal.

I figured I'd regroup, arm myself with those professional reviews and resubmit and then sue at that point having given two chances and , with credentialed reviews dissenting, it would be easier to prove the capriciousness.

Any thoughts on some former BCNR attorneys or employees, advocacy groups, for that review?

Originally Posted by marine

What is the name of your state? TX

It's good ol' Sergeant of Marines back in the fight!

Well, Col. I got fed up with the BCNR and the Corps...and, for all you others out there, the lack of assistance from my elected officials. They try to help, but are limited and act as liaisons. I tried a 'private bill' to correct my record only to find out a record cannot be corrected by private bill. I think I exhausted every effort to return to the USMC. Bottom-line, the situation is too complex to correct and easier to ignore. Actuarial 101.

so....what is a Marine to do when he gets kicked out of the Corps despite an atrociously conducted admin sep board for adult/frat when he is legally separated and the co-conspirator is not in his chain of command neither causing disruption to good order? Or the fact the Corps committed more violations of regulations separating a Marine than the Marine himself?

It’s War. Never give up.....and like combat.....you have to find another way....redirect the attack.

I tried the chain of command, I tried the SECNAV, the BCNR, court, and politicians...I lost every battle. I finally came to the conclusion not a single unbiased person believes what I did merited separation and not one legally educated person can believe the board was conducted in such a blatantly atrocious manner. Overwhelming evidence is present and relief is warranted, it’s just not being afforded.

so...I joined the Texas National Guard. I'm going to be an E-5, Sergeant, but I get Infantry and we deploy to Iraq in July. I'll be gone a year and am quite sure I'll get a direct commission on return. After all, I was selected for Marine officer commissioning before the boot.

So inside a Solider in Iraq come late July will beat the heart of a warrior Marine.

Pray for the insurgents. Hell hath no fury like a Marine scorned.

However, the Corps is getting off the hook. I did want to ask Badapple or one of you other legal eagles:

1. Where can I could find an expert(s)(former Judge, Judge Advocate, etc.) to review my case and provide a formal review.
a. Perhaps a pro bono military advocacy legal group?

Prong two of this attack is, armed with the fact I will then have been a combat veteran precluding their position that somehow a legally separated Marine who has a relationship is unfit for combat, and these formal reviews to re file to the BCNR.

2. I'm outside the SOL on charges, correct?
a. It’s been 8 years. Occurrence: 1996 separation in Sept 1998


The logic is with experts citing the evidence the BCNR that might rethink their position. Won’t help me much, but for my Marines still in, the Corps needs a lesson on abusive of authority.

3. Where can I find information on what the catalyst was to change the voting rule? The rule changed very shortly after my board. . In 98, the board voted. In my case, the senior member ruled singularly without clearing the room and kept the challenged member who perjured himself in testimony.

I sent the Corps a FOIA request via certified mail and it was ignored.

Long story short, Clinton committed adultery---- Marines wanted to impose will and create juxtaposition to highlight hypocrisy without seditious charges---- took an innocuous situation, forced it through, it botched it, and now they are covering it up by changing rules and misrepresenting the situations, refusing to correct….to date the BCNR denied relief on lack of evidence without addressing any points, defining any mitigation, or explaining how the evidence of regulatory violation was not valid. The USN IG deferred investigation, the GAO passed it on to the DoD who quietly ignored the request…..

Any other angles?

This is one Marine they wished would go away. Yet, it won’t happen. corruptio optimi pessima

Oh my I had the Coast Guard of all people looking at my old tired A$$ today and all I could think about was this site and this thread.

I am still in pretty good shape (at least I thnk so) with a RE-4 haunting me. Are these guys for real?

I mean I would love too. But come on... Are they blowing smoke up my &6%?