Sensitive Issue.....

[Sgt Leprechaun]

No 'disrespect' was intended. Had a 'manup' apology not been submitted, quite frankly I would have ripped you a new azz and shut this one down.

No one, least of all me, is here to pour pizz down your back, 90 percent of the information given was given in the spirit of trying to help.

And, FYI, as an Investigator, and owner of my own PI firm as well as a 20 + year LEO, I'm not just throwing out worthless opine without knowing what the frack I'm talking about. I read military case law FOR FUN. I've got Court of Appeals opinions in the large bound volumes dating back to the 1950's when the UCMJ was first started. Consider that my 'bonafides' and my mild rebuke at the same time.

All that having been said, I think we've gone 'round the mulberry bush on this one. You have an earnest and burning desire to help your friend, which is GREAT, but only he can do what needs to be done. And sometimes, there just isn't anything to appeal. Just because someone 'feels' they are wrongly convicted doesn't mean, according to the law (which the judges have to follow) they have been. Courts of Appeals ONLY look to errors, they do NOT retry the case. Errors meaning incorrect jury instructions, violations of Constitutional rights, incompetent representation, undue command influence...there are a BUNCH of things they can, and will do (if you read the law..and by the way the Court of Military appeals does have a website and you can research caselaw there yourself...heck your buddies case may already be on there) and cases do get overturned all the time...but if your buddy has already tried twice, and been denied twice, that means the case has been looked at multiple times by multiple people....and more than likely, no 'errors' have been found.

You may not like that answer, but that is the answer that he/you are more than likely going to get, again. And just how much money is he going to keep throwing down this rabbit hole, only to get the same result? There comes a time when you have to say "F- it, lets move on".

I'll leave this one open awhile longer for intelligent commentary (and folks that does NOT include 'Hey this guy is a scumbag' stuff) and then it'll be closed for the good of the order.

Dave, as always, your posts are insightful and good stuff!

[hrscowboy]

what i would like to know have we ever found out what this party had done to get all this done to him. was this man court Marshaled or NJP no one has addressed that from what i have seen. Jag advised me if you have got a discharge of OTH or bad conduct discharge then you had to be Court marshaled. I have never heard of anyone getting a OTH discharge on a NJP and i contacted JAG on this one, Jag advised the party had to have been court Marshaled.