"QUESTIONS TO AN ART. 74b PETITION"

[SHORTY LONG]

What is the name of your state? OHIO

27 OCT 06

Respectfully, who is eligible for such a Petition under Art. 74b?
Is there a time limit in filing in filing for such relief? If it is granted,
what will it do in helping one with bad paper?

In advance, thank you for your time, and hopefully your straightforward
answers to my questions.

Shorty

 

[fozzy2]

There is no time limit mentioned in the statute, presumably a petition can be filed any time during the life of the petitioner. The Army regulation (which should be in close accord with other services) says the petition must be filed by "the convicted soldier, or his/her attorney or a recognized veteran's organization acgting on the soldier's behalf." "Petitioners not in confinement shall forward the petition directly..." To the Army JAG (DAJA-CL), 2200 Army Pentagon, Washington D.C. 20310-2200. The army regulation is AR 15-130 "Army Clemency and Parole Board."

The law ( 10 U.S.C.A. sec. 874 ) states that the service secretary may act "for good cause." I would imagine the trick is to convice the board that there is good cause.

 

[SHORTY LONG]

Fozzy2 "Thank You"

Respectfully, thank you Fozzy2 for your reply to my post. More specifically, can you share anything about the Navy/Marine "regs" to this? And do you think 35 years (with 32) of them trying to right his young, dumb, stupid-youthful indiscretion wrong may be worthy for this type of action for purely military offenses? The bad paper is a 'bcd' from a spcm where "Clemency" was never mentioned, nor offered; and of course, the [me] was never aware of it amongst many other ill-begotten things in pleading guilty before a MJ alone with appointed so called counsel!

 

[badapple40]

Article 74b has no limit. That is one of the only options available to you (as I think I've told you before) to obtain relief. The petition is forwarded, incidently, to the Secretary of the Navy in your case.

Shorty: you may want to look at a presidential pardon (the only other option available to you). I see a number of pardons for military offenses such as your being granted on a fairly regular basis.

 

[SHORTY LONG]

"Col. Badapple40, thank you for your reply to my post"

Sir, respectfully, thank you for your time and reply and info to my post. Yes, I too have seen the last PP'S granted, and took note, that one was almost identical to my situation!

I had spoken with Marine Corps Appeallant Defense this past Friday about "Clemency" and they tell me that you have 15 years to apply from the date of being discharged through the NP&CB! So, I respectfully requested for them to look into the Art. 74b and also, if possible equitable tolling because of my due diligence. My thoughts are maybe pursuing both avenues; not sure at this moment.

I did respectfully request a letter from the present "CA" for recommendation to the SECNAV under the 74b avenue, if possible on his end. I just made this request, so, time will tell.

Sir, by the way, unless you have an Attorney who is willing to do a Pro Bono on the PP, or lots of monies, chances are slim and none because I did pursue this during the Clinton Administration; and it took almost 2 full years; and they do not have to give you any reason why they deny one!

And yesterday, I was informed of the retired full bird Col. who served in the Nam as a Military DC and who served our Country for 30 years, (he was the one that was going to help me) passed away on 18 Sept. It seems, that i always get close, but no cigar; a day late and dollar short. Thanks again Sir.

Shorty