cyberspook
Member
What is the name of your state? NY
I would submit a memorandum for record, as follows:
Pursuant to AR 600-37, I have read and understand the unfavorable information presented against me and submit the following statement or documents in my behalf:
1. I respectfully disagree that I disobeyed any order or lied to any commissioned offer. I was specifically given permission to bring my dog to work for group counseling days. I did not lie to any commissioned officer (or any other military member). I followed all orders as communicated to me. (fill in other factual stuff here)... In support of this, I attach the following statements/declarations (include sworn statements in support, etc).
2. Originally, the command attempted to impose punishment under Article 15, UCMJ, for this alleged conduct. Believing that these charges were and are untrue, unfounded, and could not withstand the truth-finding function of cross-examination in a court-martial, I took the unusual and drastic step of demanding trial by court-martial, believing that I committed no offenses. Given the proof issues and the fact that there was no solid evidence supporting any changes, and believing that the "evidence" would not stand up to the truth-finding function of cross-examination, JAG declined to prosecute. This MOR is an end-run around around my due process rights, rights to confront witness, and an attempt to impose punishment for a situation that never occurred. In short, it constitutes a miscarraige of justice.
3. I do not believe that I committed any offenses, believe that my service is and has been completely honorable and faithful, and, to try to preserve my reputation, I demanded trial by court-martial, risking a federal conviction in an attempt to clear my name. Knowing that the government would not be successful at trial by court-martial, the command has instead attempted to impose this MOR, affording me no opportunity to cross-examine any witnesses or test any of the "evidence" against me.
4. I respectfully request that the Commander order a hearing, via a independent hearing officer, to determine whether the alleged facts that are the basis of this MOR in fact occurred. I believe that I will prevail, under even a preponderance of the evidence standard, at any such hearing, and respectfully request the opportunity to do so. This MOR impugns my character and service, without any factual basis. At the very least, I request a personal appearance before the Garrison Commander, so that he has an opportunity to personnally assess my demeanor and credibility as to this alleged incident, prior to the insertion of this MOR in my personnel record.
Respectfully Submitted,
__________________
The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
Wow what happened to Andy104? Did he piss Mary off?
I would submit a memorandum for record, as follows:
Pursuant to AR 600-37, I have read and understand the unfavorable information presented against me and submit the following statement or documents in my behalf:
1. I respectfully disagree that I disobeyed any order or lied to any commissioned offer. I was specifically given permission to bring my dog to work for group counseling days. I did not lie to any commissioned officer (or any other military member). I followed all orders as communicated to me. (fill in other factual stuff here)... In support of this, I attach the following statements/declarations (include sworn statements in support, etc).
2. Originally, the command attempted to impose punishment under Article 15, UCMJ, for this alleged conduct. Believing that these charges were and are untrue, unfounded, and could not withstand the truth-finding function of cross-examination in a court-martial, I took the unusual and drastic step of demanding trial by court-martial, believing that I committed no offenses. Given the proof issues and the fact that there was no solid evidence supporting any changes, and believing that the "evidence" would not stand up to the truth-finding function of cross-examination, JAG declined to prosecute. This MOR is an end-run around around my due process rights, rights to confront witness, and an attempt to impose punishment for a situation that never occurred. In short, it constitutes a miscarraige of justice.
3. I do not believe that I committed any offenses, believe that my service is and has been completely honorable and faithful, and, to try to preserve my reputation, I demanded trial by court-martial, risking a federal conviction in an attempt to clear my name. Knowing that the government would not be successful at trial by court-martial, the command has instead attempted to impose this MOR, affording me no opportunity to cross-examine any witnesses or test any of the "evidence" against me.
4. I respectfully request that the Commander order a hearing, via a independent hearing officer, to determine whether the alleged facts that are the basis of this MOR in fact occurred. I believe that I will prevail, under even a preponderance of the evidence standard, at any such hearing, and respectfully request the opportunity to do so. This MOR impugns my character and service, without any factual basis. At the very least, I request a personal appearance before the Garrison Commander, so that he has an opportunity to personnally assess my demeanor and credibility as to this alleged incident, prior to the insertion of this MOR in my personnel record.
Respectfully Submitted,
__________________
The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
Wow what happened to Andy104? Did he piss Mary off?
