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To: jazusamo; smoothsailing
If the discharge is not part of the plea deal, anything can happen.

I can't believe Puckett thinks it's helpful to anyone to say things such as the other Marines’ charges were dismissed in exchange for their testimony against Wuterich.

How many took a deal and how many had their cases dismissed? Huge difference.

Puckett is destroying what should be the legacy of these trials.

482 posted on 02/01/2012 11:54:06 AM PST by RedRover
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To: RedRover; jazusamo
If the discharge is not part of the plea deal, anything can happen.

I'm not clear how the discharge could be part of a plea agreement. Neither the defense nor the prosecution has the authority to make discharge decisions.

It's my understanding that discharges fall in to two categories, administrative and punitive.

A punitive discharge is adjudicated as punishment in a guilty court-martial verdict. There are two types, Bad Conduct and Dishonorable. A guilty verdict of negligent dereliction of duty carries no possibility of punitive discharge punishment, so was not available to Judge Jones and can not apply to Frank.

An administrative discharge covers everybody else, including Frank. It can be Honorable, General(under Honorable Conditions), or General(under Other than Honorable Conditions). Many factors come into play in deciding which of these three types is appropriate, and I believe the final decision rests with LtGen Waldhauser. If either of the General Discharges is the final recommendation, Frank has a right to appeal.

So this is all very much up in the air, and always has been. I don't see how it was ever subject to negotiation. I personally believe Frank has earned and is entitled to an Honorable Discharge and I certainly hope that happens.

484 posted on 02/01/2012 2:04:19 PM PST by smoothsailing
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