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Label/Receipt Number: 7010 3090 0000 4698 3060
Expected Delivery Date: July 7, 2011
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Arrival at Unit, July 06, 2011, 8:51 am, JACKSON, MS 39201
Processed through Sort Facility, July 05, 2011, 10:27 pm, JACKSON, MS 39201
Acceptance, July 05, 2011, 5:17 pm, JACKSON, MS 39211
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JACKSON STATE UNIVERSITY
1400 J. R. LYNCH STREET
•
P. O. Box 17025
JACKSON, MISSISSIPPI 39217-0125
DEPARTMENT OF PUBLIC SAFETY
PHONE:
(601) 979-2580
FAX:
(601) 979-6880
RE: Service #
DATE: 7/8/2011
A background check was conducted on 1 Lt. Samuel L. Clemmons and no criminal record was found.
Sincerely, RA/d-fIC
Joseph Bradley, Investigator
~— 11 — 1. 1
Public Freedom of Information Act Review under Petition Public Review to Support 1LT. Clemmons(Promotable) issues and claims, etc.
Department of the Army
Pamphlet 25–403
Information Management
Guide to
Recordkeeping
BEFORE THE STATE OF MISSISSIPPI,
ET AL
Headquarters
Department of the Army
Washington, DC
11 August 2008
UNCLASSIFIED
Page 1 of 126
r
MHO
RQID:L00060007317024
SITE:SOF DR
SSN:
DOCTYPE:1050 RF:D CS:55fa
Claimant: S L CLEMMONS
CASE: 7317
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MSC 109 2
U.S. Governments Requests of Public Records or Facts on Clemmons (See Special Power of Atttorneys Attached)
2
Note: This request is time sensitive and being tracked and monitored under the FOIA and Open Records regulations
SPECIAL POWER OF ATTORNEY
To Request FOIA and Privacy Act, 5.U.S.C. 552 and 5 U.S.C. 552a
Know All Person by These Presents:
[hat I, Samuel Lennious Clemmons, Jr., of currently in of the State of Mississippi but hold a
resident of
Brookhaven, MS 39601. Do hereby provide this document
request to release all information in nature to me according to the Freedom of Information Act
and Privacy Act, 5 U.S.C. 552 and 5 U.S.C. 552a respectively. This notice is my true and lawful
attorney-in-fact to provide you the following in my name and on my behalf.
I hereby states that my full and legal name is Samuel Lennious Clemmons, Jr. My Date
SSN
; I am seeking all records pertaining to my background,
employment records, security clearances conducted and list of all agencies whom has requested
and obtain such records in my tile.
of Birth is:
Please release and send all information per request to the following addresses and person
AMENDED
only: S.L. Clemmons @ P.O. Box 1001, Brookhaven, MS 39602 and Mrs. Mary L. Lee 4, P.O.
Box 28558, Atlanta, GA 30358. (See Attached letter) Note now: P.O. Box 347, Brookhaven, MS 39602
BY THIS DOCUMENT I GIVE AND GRANT TO my attorney full power and authority
to perform every act that is necessary or appropriate to accomplish the purpose for which this
Power of Attorney is granted, as fully and effectual as I could do if were present.
I HEREBY RATIFY ALL THAT MY ATTORNEY SHALL LAWFULLY DO OR
CAUSE TO BE DONE BY VIRTUE OF THIS DOCUMENT.
All business transacted hereunder for me or for my account shall be transacted in
my name / business name, and that all endorsement and instruments executed by my attorney for
the purpose of carrying out the foregoing powers shall contain my name, followed by that of my
attorney and the designation "attorney-in-fact"
IN WITNESS WHEREOF, I sign, seal, declare, publish, make and constitute this as and for my
Power of Attorney in ,the pr
ce of the jptx Public witnessing it at my request this date,
7/./Z7
SIGNATUE
Date:
STATE OF GEORGIA
COBB COUNTY
I, undersigned, certify that I am duly commissioned, qualified, and authorized notary
public. Before me personally, within the territorial limits of my warrant of authority, appeared
-a c•-, who is known by me to be the person who
4. 6.1.7 ► 0 VI. C,\•
described herein, who name is subscribed to, and who signed this power of Attorney as Grantor,
and who, having been duly sworn, acknowledged that this instrument was executed after its
contents were read and duly explained, and that such execution was a free and voluntary act and
deed for the use and purposes herein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affix my official seal, on
(Month, date, and Year)
Q.0 S
(
1
(\..1
A•Aa4
t Notaryjublic Signature)
-4-vtit • -).fz. X60
6
t My Cothmission Expires on)
LT. CLEMMONS' evidence filed and served upon the courts under a certified and approved "Public" Subpoena for records
under United States Open Records Request & FOIA
Pages 1 of 49
Note: This request is time sensitive and being tracked and monitored under the FOIA and Open Records regulations
OATH OF OFFICE - MILITARY PERSONNEL
0
Fie use iil 11141 tone *e AR 115-100, the pintionunt Ardency Is OCCSPER
0ICATE THE APPOINTMENT FOR wtfiCH OATH IS BEING EXECUTED BY PLACING AN -x- IN APPROPRIATE BOX. REGULAR ARMY
COMMISSIONED OFFICERS WILL ALSO SPECIFY THE BRANCH OF APPOINTMENT WHEN APPOINTED IN A SPECIAL BRANCH.
DATA REQUIRED BY THE PRIVACY ACT OF 1974
5 USC 1331; 10 USC 275.
AUTHORITY:
PRINCIPAL PURPOSE. To create a record of the date of acceptance of appointment.
ROUTINE USES:
Information le used to establish and record the date 01 acceptance. The SSN Is uses:110 identity the member.
date of acceptance of appointment is used In preparing statements of service and computing basic pay dale.
Completion of form Is mandatory. Failure to do ao sad cause the appointment to be Invalid.
DISCLOSURE:
The
(NS TALICTIONS.
In case of non-accoptance. the notice al appointment will o'- to
TItte form win be eiecutecl upon acceptance of appointment es an oftat
et.1
io 515 agency born which recorrod. (by batter) Indicating IN! fact
of non-acceolanca
in the Army of the United States as indicated at 100 of form. Invnodiately
upon recap, 01 nonce of appointment, the appointee wok n cased
acceptance of the appointment, teturn to the agency from wt ch received,
the oath of office
(on thiS
/Cum/ proporty Med irt. subscribed and attested.
COU1ASSIONED OFFICERS
a
REGULAR AM'
❑
'11
V/ARRANT OFFICERS
•
REGULAR ARMY
ARIA' OF THE UNITED STATES. WITHOUT COMPONENT
❑
AFILfY OF THE UNTIE) STATES. WITHOUT COMPONENT
RESERVE COMMISSIONED OFFICER
U - RESERVE WARRANT OFFICER
1
6,-„s.
-non Pe ••PneWomg
Samuel Lennious Clemmons
,,„., /. ■•••••-••■•■Atie Mame-Lost Amoy
1.
.
(Sava& Sacw.ty Molnar)
2LT
ttst•mg been seeontod an olloCee Ni the Aim, or the United Stales, as indicated obese et the wade of
do .shammy Sated,* /..r
✓ luenu that 1 veil support and drawer the Constitution or the Untied Stales swung all mein ea, Image and domestic. 'hal htea beer true faith and eltaiumco In the
same. that I take this °bimestrial treety. without any mental reservation ts purpose of IMIIIMOrk and that 1 ad eel
duties of the ullsce ishun which I am about to enter, SO
DD Form 1 A ciffa'ggaimission)
<L/-e
V ■t+x-4.2;w•
, .... -
;- - --2c1
)
ha AMMO an shown
(date)
Jackson
SWORN TO AND SUBSCRIBED BEFORE ME AT
THIS
and taiantuiaf tfachana. the
HELP h E COO
1 7th
DAY OF
State University
«...-4,-4---.....,
Jackson, MS
, 199
14..1 y
Arthur E. 'Williams
7..e.12...
Rrigatitor ConprAl (07)_ ITS Army
L4L-Zake..--__
'Geed* component ie onec• al ea eClOI .1.1~110Infl o.IN
617.11N.10
FOR THE EXECUTION OF THE OATH OF OFFICE
1. Whenever any person a elected or appointed to at office of
hoocx cw trust under the Gcniernmonl of the United States. he/she
us
achuta4, or persannol athutanl its ally of rho Annuli home 'Stitt UCMI.
Afacja 136, 10 U S C 9351 A commissioned warrant officor atimmustornsi
rechniect beloie anteetng upon ihe duties of his/her °lice, 10 take and
the oath of office was show lusMett See in thuiSock Ie the kill of 11.s/her
subSCrte the oath prescribed by Section 1757. Revised Statutes, (5
signature.
u S C. 16. ML. 1949.54c:ton 118).
4. Oath of office may also be taunt &lore any civil officer who
2.
10 U S.C. 3394 eliminates the necessary of esocuung
la
au-
thertzed by the laws of Ms United States or by the local municipal law to
administer oat', and el so admindlerOd by a civil altar:di. Ma oath must beat
oath on feontotion of otticerts
the official seal of the poison administering the oath, or il a seal is not used Cry
3.
The oath of once may be taken Delors any commissioned
0/flew of any component of any Armed Force, *hairier or not on
the (Anal the officers capacity n administer oaths must be cent/sec, to uncle,
seal by a clerk or coon or other proper local &heal.
acuve duty (10 U S C. 1031), or before any commissioned warrant
officer when acting as an achitant assistant adjutant. acting
DA FORM 71, GEC 38
i.OITION OF AUG 59 W11.1. SE USED UNTIL potAtisTED
c:,peciai
Power ofevidence
Attorneysfiled
Attached
for MEB
Paperwork
Transcripts
in and
Medical
Records
at Fort
Gordon, for
Georgia
LT.
CLEMMONS'
and served
upon
the courtsand
under
a certified
approved
"Public"
Subpoena
records
under United States Open Records Request & FOIA
19
Pages
2 of 49
Note: This request is time sensitive and being tracked and monitored under the FOIA and Open Records regulations
DEPARTMENT OF THE ARMY
HuwouwarrieS, u1. ARmy nano *ECAOPI
u • A 0.4V ROTC C.ADICT C064■44,10
roll KfY, IUJ6.4.4 46442 •700
..r/gmrlCiftar
ATOC-PAC (145-1m)
2 May 1990
MEMORANDUM THRU Professor of Military Science,
University, Jackson, MS
Jackson State
39217-7500
FOR Second Lieutenant Samuel Lennious Clemmons,
Brookhaven, MS 39601
SUBJECT: Appointment as a Reserve Commissioned Officer of the
Army Under Title 10, United States Code, Sections 591. 593,
2104. 2106. and 2107
Branch of service to which assigned:
IN
1. The Secretary of the Army has directed that you be informed
that by direction of the President you are appointed a Reserve
commissioned officer of the United States Army, effective on
your acceptance. in the grade and with the social security
number shown in address above.
2.
This appointment is for an indefinite term.
3. You are requested to execute and return promptly the
enclosed DA Form 71 (Oath of Office-Military Personnel). Your
execution and return of the oath of office constitutes your
acceptance of appointment. No other evidence of acceptance is
required. Prompt action is requested since regulations require
cancellation of this tender of appointment if not accepted when
designated by the Professor of Military Science.
4. Upon receipt of the properly executed oath of office, a
commission (DD Form 1A) will be presented to you. You are
assigned to the branch of the Army Reserve shown above.
5. After acceptance of this appointment, any change in your
permanent home address of more than 30 days duration will be
reported by you to the custodian of your military personnel
records. Include your full name and social security number in
any correspondence concerning your military status.
FOR THE COMMANDER:
Enc l
Date of Acceptance
DAVI'D
MCLAUGHLIN
LTC. AG
Adjutant General
1 2 MAT 19 90
Special Power of Attorneys Attached for MEB Paperwork and transcripts in Medical Records at Fort Gordon, Georgia
LT. CLEMMONS' evidence filed and served upon the courts under a certified and approved "Public" Subpoena for records
under United States Open Records Request & FOIA
Pages 3 of 49
UNITED STATES
CUSTOMER'S RECEIPT
POSTAL SERVICE a
SEE BACK OF THIS RECEIPT
FOR IMPORTANT CLAIM
INFORMATION
NOT
NEGOTIABLE
Zrar1/0179,,V ‘414tarktrirtOWSiO
Pay to
Addr ess
/Mt'
----•=4"11,rj-oar
.1-117-4
Ork,
Serial Number
Year, Month, ay
18925719074
Post Offi ce
Year, Month, Day
18925719074
r
444V;
ft(4411"...
2011-07-02 300600
Amount
if°4r
memo
1 63,09-
0 2008 Un ■ted States Postal SAN., All Rights ReSenied
0000800 21:
$5.0 o
Clerk
aIrof
,472ferc,
■0,4;
j 4,f, .../
r oz.
<01'4 411.
U.S. Dollars and Cents
FIVE DOLLARS & 00C ***************************
/.044=-4073e:
"
21°
0018
$5.00
Post Office
#4,CAeAfri ‘7far r 41,
5:
4,7•4?,4901,711eCer---"aegis-
Pay to
riel
Clerk
POSTAI, MONEY ORDER 111
Serial Number
A
Amount
300600
2011-07-02
UNITED STATES
POSTAL SERVICE
Address
KEEP THIS
RECEIPT FOR
YOUR RECORDS
de. oeier
ale
From ,,,Aeds: 'ear
Address.
Age
(1018
OgG
(740,40645›,
.1,491.--
SEE REVERSE WARNING • NEGOTIABLE ONLY IN THE U.S. AND POSSESSIONS
h89 2 S 7 L90 7411'
APPROVED
f FOR PUBLIC RELEASE
Congress of the United States
Mouse of Representatives
Washington, DC 28515
Consent for Release of Personal Records by Execudve Agencies
Name of Agency: /
DEPARTMENT OF THE ARMY, et al
To Whom It May Concern:
I have sought assistance from Congressmen Ronnie Shows or a matter that may
require the release of Information maintained by your agency. and which you may be
prohibited form disseminating under the Privacy Act of 1874.
I hereby authorize you to release all relevant portions of my records or to discuss
problems Involved in this case Shows or any authorized member of
his staff
jyd491-
0. ge 71, -"Af
(Address ot Claimantj
(Social Securtty *)
(VA Claim lM if Applicable)
4 35
(Telephone for Claimant. tf none, s where you could be reached)
Please return this form to:
V°*Congressnien Ronnie Shows
246 E. Capitol. Suibs 222
Cr
.lackson, MS 39201
r Mary L. Lee, Paralegal Assistant
P.O. Box 347
Brookhaven, MS 39602
Ilk
Phone No. 801 352-1356
Fax No. 801-362-0044
Executive Branch of Government
1600 Pennsylvania Avenue, NW
Washington, DC 20500
eLaw Office of Chuck R. Pardue
1919 Pennsylvania Avenue, NW
Suite 300
Washington, DC 20006
Special Power of Attorneys Attached for MEB Paperwori
Phone No. 866-409-7758
Fax No • 601-352-9044
Phone: 202-456-1111
Fax No. 202-456-1111
Phone: 202-796-2139
Fax No. 202-223-6739
FOR COMMENTi l Records at Fort Gordon, Georgia
3
"%F.,*
4.
Congress of the United States
House of Representatives
Washington, DC 20515
Consent for Release of Personal Records by Executive Agencies
Name of Agency:
/4--
DEPARTMENT OF THE ARMY, et a l
.010■14.41...•■■1#1#
To Whom It May Concern:
I have sought assistance from Congressman Ronnie Shows on a matter that may
require the release of information maintained by your agency, and which you may be
prohibited form disseminating under the Privacy Act of 11074.
I hereby authorize you to release all relevant portions of my records or to discuss
probsle ms Involved In this case gressman Shows or any authorized member of
his taff
date
g /4:34/95
PIO,
&Ds llsrs
(Address of Claimant)
(Social Security 0)
19iia-14-a) alq 3v3sir
(VA Claim # if Applicable)
tyrant. If none, # where you
Id be reached
/9gf 'Rerigvi
-
cr44 Plea*, return this form to:
?Congressman Ronnie Shows
245 E. Capitol, Suite 222
Jackson, MS 39201
igh
Phone No. 801 352-1356
Fax No. 801-3824044
Mary L. Lee, Paralegal Assistant
P.O. Box 347
Brookhaven, MS 39602
Phone No. 866-409-7758
Fax No 601-352-9044
Executive Branch of Government
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Phone: 202-456-1111
Fax No. 202-456-1111
11111.-"Law Office of Chuck R. Pardue
1919 Pennsylvania Avenue, NW
Suite 300
Washington, DC 20006
Phone: 202-796-2139
Fax No. 202-223-6739
CPguitali.W3A0Wii WW1
APPROVED
44014fil295 F-401 1,144
LAW OFFICES
FOR PUBLIC RELEASE
PARDUE & MASSEY
(c,n l
latcmational Law Officca
luck R. Danduo
Me..93cy (CA)
Laura J. f5cri (CA t21 PA)
William J. Marcum (CA)
.;•.:•hn W. -.Scaman. Jr. (G1 (Z1 AZ)
Nunia KuEnsatibckov (Kyr•syz Rcp bic)
Paha Tektc•valiev (Kyryz 1Qc tic)
vct.lana Af.r..seko (QcFrdbiic of f.)earus)
Samuel L. Clemmons
Augusta. GA 30907
Dear Samuel:
Enclosed please find a Special Power of Attorney. Please have your signature
notarized and return this document to me. As this Special Power of Attorney states, you
are appointing me to resolve all claims that you have with the United States Army,
including, but not limited to, the signing of any documents relating to same.
If you have any questions regarding the above, please contact me.
With kindest personal regards, I remain,
PARDUE & MASSEY
3\-u1/404
Chuck R. Pardue
Attorney at Law
CRP:sdj
Enclosure
Please reply to the Corporate Office at 563 Greene Street. Augusta. Georgia 30901
553 Greene Sreet
Augusta. GA 30901
Teeartine 706 722-1900
70ii Free !nsicle US 1-800-666-i - 01
- e l ecorier 706 722.0149
:919 Fer:"-syivana Avenue. Ms/
Sane 300
Nasnkagvl, CC 2....:C*6
'eerzone 202 736-2139
acapter zcz 223-6739
7 S;iganova Sr
t 2200 1 2
mosk
BetarJs
reelhane 7 0!7262-54." 3
reecever 7 0172 39-57-09
Gnu, Prospect 114
Suite 450
3.0kek. Kyrgyz
*eaorene 7 13 312 291-411
....ec-::1 0,er
7 3312 291-491
Special Power of Attorneys Attached for MEB Paperwork and Transcripts in Medical Records at Fort Gordon, Georgia
Records request upon State of Georgia - All Police Reports, Incident Reports, Investigation Reports & Transcripts of Records
88
7
1
Closet :013-EccRIC 5 1 OD Etairna6c124€764:63 Fled 03612820 113 a g e Fate( 8139
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That I, SAMUEL L. CLEMMONS,
residing at Augusta, County of Richmond, State of Georgia,
do hereby nominate, constitute, and appoint CHUCK R. PARDUE, Attorney at Law, residing
at 563 Greene Street, Augusta, County of Richmond, State of Georgia, my true and lawful
attorney-in-fact, for me and in my name, place, and stead, and for my use and benefit:
To do all things necessary to resolve my claim with the United States Army, to
include but not limited to signing documents for same. Also to bargain and agree to settle,
and in any and every way and manner deal in and with the settlement of this case. And also
for me and in my name, and as my act and deed, to sign, seal, execute, deliver, and
acknowledge such documents, releases and bonds and such other instruments in writing of
whatsoever kind and nature as may be necessary or proper in association with said claim
of the United States Army.
GIVING AND GRANTING unto my said attorney-in-fact full power and authority to
do and perform every act necessary, requisite, or proper to be done in and about the
settlement of this case as I might or could do if personally present, with full power of
substitution and revocation, hereby ratifying and confirming all that my said attorney shall
lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, I have hereunto signed my name this
Abwaerye•
, 1994.
4/
day of
AM L L. CLEMMONS
ATTESTATION
Signature acknowledged in the presence of:
ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF RICHMOND )
The foregoing instrument was acknowledged before me this
r
1994, by SAMUEL L. CLEMMONS.
/14 /1•71,
S /- day of
,
Lit-revrva
Notary Public, St e of Georgia
My Commission Expirrs:
(S EA L) wary Pim* e*Imatt Car*. NOS
Coartmisekr E.Vtos May 12. 1%6
INITIALS
Page 1 of I
Special Power of Attorneys AttacWrrttrititnr Paperwurr and tr anscripts in
, Geurgia
Records request upon State of Georgia - All Police Reports, Incident Reports, Investigation Reports & Transcripts of Records
2
Brookhaven Main Office
Brookhaven, Mississippi
396019998
2737860601 -0099
03/01/2011
(601)833-3461
11:02:19 AM
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44c Oscar
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Understanding Military Criminal Law
By James R. Klimaski — Military criminal law reflects the constraints of military service. Although
service members enjoy basic constitutional rights, they are also subject to restraints the military believes necessary for discipline and achieving a cohesive fighting force. The military member agrees to
these strictures when s/he signs the enlistment contract of service. Once the contract is in effect –
which occurs when the individual takes the formal oath of office – the service member cannot simply
quit. Conversely, the military cannot simply dismiss the member. Military service is not a civilian job,
i.e., employment-at-will or employment contract.
The Military operates under the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 801, et. seq.,
rather than civilian criminal statutes. The UCMJ criminalizes acts that are not crimes in the civilian
context. For example, concerning the service contract, the UCMJ outlaws desertion, absence without
leave (AWOL) and missing movement, which means failing to report when one's unit is deployed,
under orders, to another location. To ensure orderly operations and secure the chain of command, the
UCMJ also criminalizes disruptive actions such as insubordination, or failure to follow orders or regulations. There are a few limits on free speech, but the military's efforts to restrain all speech have
failed.
Additionally, the military proscribes private individual behavior such as fraternization between
service members of different ranks, adultery and sodomy. Military sodomy laws have so far withstood
Lawrence v. Texas, 539 U.S. 558 (2003), in which the U.S. Supreme Court found civilian antisodomy laws unconstitutional.
Further, the military asserts jurisdiction over service members for bad behavior while on leave or
out of uniform. Finally, the UCMJ contains a catch all provision, Article 134, criminalizing acts that discredit the military and are prejudicial to good order and discipline.
The military enforces the UCMJ through a multi- tiered system of forums, ranging from non-judicial
punishment to the general court-martial, a proceeding akin to a civilian felony criminal trial with judge
and jury. The UCMJ contains provisions describing both non-judicial and judicial punishments. The service member's Commander, the Convening Authority, decides whether to prosecute the case, determines the forum, appoints the jury panel and ultimately approves any adjudged punishment.
Article 15: Punishment Not a Criminal Conviction, But Can Result in Criminal Arrest Record
Article 15 of the UCMJ codifies non-judicial punishments. An example of an act subject to an Article
15 is reporting late to an assignment or work. The closest civilian comparison is a minor traffic
offense. In a civilian setting, a hearing examiner would adjudicate such minor infractions. In the
military, however, the service member's commanding officer serves as the hearing examiner.
Punishment under Article 15 is not a criminal conviction.
Even so, the military sometimes reports Article 15 arrests to the Federal Bureau of Investigation. As
a result, years later the former service member discovers that she or he has a criminal arrest record
for something that may not even be a criminal offense and for which the service member was found
not guilty. The military does not have a formal process to expunge arrests, as do civilian courts.
"These documents or requests are being public monitored and tracked for quality assurance under the FIOA Request"
Because Article 15 punishment is "non-judicial," the service member may appeal the decision only
to his or her next higher Commander. The military's formal criminal appeals system does not include
jurisdiction over Article 15 punishments.
Courts-Martial: The Military's Formal Criminal Adjudication
Courts-martial constitute the military's formal criminal adjudication. There are three court-martial
levels: (I) the lowest, summary court-martial; (2) special court-martial; and (3) the highest, general
court-martial. Conviction in either a special or general court-martial constitutes a federal criminal conviction.
A summary court-martial, a procedure the military rarely uses, is more formal than an Article 15, but
the punishment is not a criminal conviction. One individual, not the service member's commanding
officer and usually a military lawyer, presides over a summary court-martial and acts as prosecutor,
judge and jury. The military does not provide the service member with military counsel for a summary
court- martial. The service member, however, may bring a representative, including a civilian
attorney, to defend him or her.
The principal difference between a special court- martial and a general court-martial is the level of
punishment each can impose. Special courts-martial convictions essentially constitute misdemeanors.
Such a conviction carries no more than a one-year confinement, reduction in rank, pay forfeiture and
a Bad Conduct Discharge, even when the offense authorizes a higher maximum punishment.
A general court-martial, however, may impose confinement up to the offense's maximum sentence,
including life imprisonment or the death penalty. No service member has been put to death since
1961, although since then general courts-martial have handed down several death sentences.
CO's Substantial Powers Over Courts Martial Open to Serious Abuse
The commanding officer, having general court- martial Convening Authority, chooses the level of
court-martial and the make-up of the jury. These powers are open to serious abuse. The Manual for
Courts-Martial (MCM), the rules or procedure for courts-martial, limits the Convening Authority's
power to affect the court-martial's outcome. A Presidential Executive Order, the MCM undergoes
revision at least every other year. The President must formally approve the changes.
After preferring the charges, the Commander selects an Article 32 investigating officer. This investigator gathers the facts of the case and recommends whether the charge merits a general courtmartial. The Commander can accept or reject the investigator's recommendation without explanation.
If the Commander refers the matter to either a special or general court-martial, she or he selects the
jury (court panel) whose members must be of equal or greater rank than the accused. An enlisted
service member can require that at least one-third of the panel member come from the enlisted ranks.
Military courts tolerate liberal voir dire, permitting peremptory challenges and those for cause.
To Decrease Command Influence, Defense Bar and Judiciary Are Independent
To decrease command influence, every service has an independent defense bar and judiciary. The
independent trial defense service details a defense lawyer to the defendant (the "accused," in military
"These documents or requests are being public monitored and tracked for quality assurance under the FIOA Request"
parlance), who does not have to pay for this representation. The accused may request a specific military lawyer for his/her defense and has the right to hire a civilian lawyer at her or his own expense.
The Chief Judge of the trial judiciary for each service branch appoints a military judge to a case.
The court-martial generally follows the Federal Rules of Evidence. Trial procedures are similar to
those in civilian courts. The jury's decision, however, need not be unanimous, except for sentencing
in a capital punishment case. The Convening Authority reviews any conviction after the trial and may
grant clemency or otherwise lower the sentence. If the sentence consists of a punitive discharge
and/or one year of confinement, the case is automatically appealed to the Court of Criminal Appeals
for the respective service. These judges are military officers.
The United States Court of Appeals for the Armed Forces (CAAF) provides a second appeal level.
The judges are civilians whom the President has nominated and the Senate has confirmed. The final
resort is to appeal through a petition for certiorari to the United States Supreme Court.
The military operates under its own criminal laws and procedures. Any unfairness stems from those
who control the proceedings.
James Klimaski is a member of the NLG Military Law Task Force Steering Committee and a long time
military law practitioner
Note: This request is time sensitive and being tracked and monitored under the FOIA and Open Records regulations
THIS IS AN IMPORTANT RECORD
SAFEGUARD IT
CAUTION: NOT TO BE USED FOR
IDENTIFICATION PURPOSES
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12 RECORD OF SERVICE
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17. DAYS ACCRUED
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It REMARKS
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r9.
MAILING ADDRESS AFTER SEPARATION
20. MEMBER REQUESTS COPY 6 BE
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under United States Open Records Request & FOIA
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•••
,
••
Pages 7 of 49
9
Request for Taxpayer
identification Number and Certification
Form W (Rev. October 2007;
Department of the Treacurr
ireemal Revenue Service
Give form to the
requester. Do not
send to the IRS.
Print or type
See Specific Instructions on page 2.
Name (as shown on your mcorne tax return)
Buartess name, it different from above
Check appropriate box: ❑ 1ndiyiduai/Sole proprietor
0 Corporation
0 Partnership
❑ Limited liability company. Enter the tax ciassification (0=disregarded entity, C=corporation. Rvipartnership) ►
0
Exempt
Payee
Other (see instnictions) ►
Address inurntxx, street, and apt or suite no.)
Requester's name and address (optional)
City, state. anti ZIP code
w
L
List account number(s) here (optional)
axpayer Ittentitication Number
......
;Social security number
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
or
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.
Note. It the account is in more than one name, see the chart on page 4 for guidelines on whose
I Employer identification number
number to enter.
Part II
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2.
I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3.
I am a U.S. citizen or other U.S. person (defined below).
Certification instructions.
You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IPA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign
Here
Signature of
U.S. person
Date ►
►
Definition of a U.S. person. For federal tax purposes, you are
General Instructions
considered a U.S. person if you are:
Section references are to the Internal Revenue Code unless
otherwise noted.
• An individual who is a U.S. citizen or U.S. resident alien,
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected Income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section
301.7701-7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners share of income
from such business. Further, in certa:n cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
• The U.S owner of a disregarded entity and not the entity,
Cat. No. 10231x
Form
W-9 (Bev.
10-2007)
Paye 2
Form W-9 (Rev. 10-2007)
• The U.S. grantor or other owner of a grantor trust and not the
trust, and
• The U.S. trust (other than a grantor trust) and not the
beneficiaries of the trust.
4. The IRS tells you that you are subject to backup
withholding because you did not report all your interest and
dividends on your tax return (for reportable interest and
dividends only), or
Foreign person. If you are a foreign person, do not use Form
W-9. Instead, use the appropriate Form W-8 (see Publication
515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
5. You do not certify to the requester that you are not subject
to backup withholding under 4 above (for reportable interest and
dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup
withholding. See the instructions below and the separate
Instructions for the Requester of Form W-9.
Also see Special rules for partnerships on page 1.
Nonresident alien who becomes a resident alien. Generally,
only a nonresident alien individual may use the terms of a tax
treaty to reduce or eliminate U.S. tax on certain types of income.
However, most tax treaties contain a provision known as a
"saving clause." Exceptions specified in the saving clause may
permit an exemption from tax to continue for certain types of
income even after the payee has otherwise become a U.S.
resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an
exemption from U.S. tax on certain types of income, you must
attach a statement to Form W-9 that specifies the following five
items:
1. The treaty country. Generally, this must be the same treaty
under which you claimed exemption from tax as a nonresident
alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and Its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such
failure unless your failure is due to reasonable cause and not to
willful neglect.
Civil penalty for false information with respect to
withholding. If you make a false statement with no reasonable
basis that results in no backup withholding you are subject to a
$500 penalty.
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to cnminal
penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in
violation of federal law, the requester may be subject to civil and
criminal penalties.
Specific Instructions
5. Sufficient facts to justify the exemption from tax under the
terms of the treaty article.
Name
Example. Article 20 of the U.S.-China income tax treaty allows
an exemption from tax for scholarship income received by a
Chinese student temporarily present in the United States. Under
U.S. law, this student will become a resident alien for tax
purposes if his or her stay in the United States exceeds 5
calendar years. However, paragraph 2 of the first Protocol to the
U.S.-China treaty (dated April 30, 1984) allows the provisions of
Article 20 to continue to apply even after the Chinese student
becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of
the first protocol) and is relying on this exception to claim an
exemption from tax on his or her scholarship or fellowship
income would attach to Form W-9 a statement that includes the
information described above to support that exemption.
If you are a nonresident alien or a foreign entity not subject to
backup withholding, give the requester the appropriate
completed Form W-8.
If you are an individual, you must generally enter the name
shown on your income tax return. However, if you have changed
your last name, for instance, due to marriage without informing
the Social Security Administration of the name change, enter
your first name, the last name shown on your social seemly
card. and your new last name.
What is backup withholding? Persons making certain payments
to you must under certain conditions withhold and pay to the
IRS 28% of such payments. This is called "backup withholding."
Payments that may be subject to backup withholding include
interest, tax-exempt interest, dividends, broker and barter
exchange transactions, rents, royalties, nonemployee pay, and
certain payments from fishing boat operators. Real estate
transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments
you receive if you give the requester your correct TIN, make the
proper certifications, and report all your taxable interest and
dividends on your tax return.
Payments you receive will be subject to backup
withholding if:
1. You do not furnish your TIN to the requester.
2. You do not certify your TIN when required (see the Part II
instructions on page 3 for details).
3. The IRS tells the requester that you furnished an incorrect
TIN,
If the account is in joint names, list first, and then circle, the
name of the person or entity whose number you entered in Part I
of the form.
Sole proprietor. Enter your individual name as shown on your
Income tax return on the "Name" line. You may enter your
business, trade, or "doing business as (DBA)" name on the
"Business name" line.
Limited liability company (LLC). Check the "Limited liability
company" box only and enter the appropriate code for the tax
classification ("0" for disregarded entity, "C" for corporation, "P"
for partnership) in the space provided.
For a single-member LLC (including a foreign LLC with a
domestic owner) that is disregarded as an entity separate from
its owner under Regulations section 301.7701-3, enter the
owner's name on the "Name" line. Enter the LLC's name on the
"Business name" line.
For an LLC classified as a partnership or a corporation, enter
the LLC's name on the "Name" line and any business, trade. or
DBA name on the "Business name" line.
Other entities. Enter your business name as shown on required
federal tax documents on the "Name" line. This name should
match the came shown on the charter or other legal document
creating the entity. You may enter any business, trade, or DBA
name on the "Business name" fine.
Note. You are requested to check the appropriate box for your
status (individual/sale proprietor, corporation, etc.).
Exempt Payee
If you are exempt from backup withholding, enter your name as
described above and check the appropriate box for your status,
then check the "Exempt payee" box in the line following the
business name, sign and date the form.
Form W - 9 (Rev. 10 - 2000
Page
Generally, individuals (including sole proprietors) are not exempt
from backup withholding. Corporations are exempt from backup
withholding for certain payments, such as interest and dividends.
Note. If you are exempt from backup withholding. you should
still complete this form to avoid possible erroneous backup
withholding.
The following payees are exempt from backup withholding:
1. An organization exempt from tax under section 501(a), any
IRA, or a custodial account under section 403(b)(7) if the account
satisfies the requirements of section 401(0(2),
2, The United States or any of its agencies or
instrumentalities,
3. A state, the District of Columbia, a possession of the United
States, or any of their political subdivisions or instrumentalities,
4. A foreign government or any of its political subdivisions,
agencies, or instrumentalities, or
5. An international organization or any of its agencies or
instrumentalities.
Other payees that may be exempt from backup withholding
include:
6. A corporation,
7. A foreign central bank of Issue,
8. A dealer in securities or commodities required to register in
the United States, the District of Columbia, or a possession of
the United States,
9. A futures commission merchant registered with the
Commodity Futures Trading Commission,
10. A real estate investment trust,
11. An entity registered at all times during the tax year under
the Investment Company Act of 1940,
12. A common trust fund operated by a bank under section
584(a).
13. A financial institution,
14. A middleman known in the investment community as a
nominee or custodian, or
15. A trust exempt from tax under section 664 or described in
section 4947.
The chart below shows types of payments that may be
exempt from backup withholding. The chart applies to the
exempt payees listed above. 1 through 15.
IF the payment is for ...
THEN the payment is exempt
for ...
3
Part I. Taxpayer Identification
Number (TIN)
Enter your TIN in the appropriate box. If you are a resident
alien and you do not have and are not eligible to get an SSN,
your TIN is your IRS Individual taxpayer identification number
((TIN). Enter it in the social security number box. If you do riot
have an (TIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may
enter either your SSN or EIN. However, the IRS prefers that you
use your SSN.
If you are a single-member LLC that is disregarded as an
entity separate from its owner (see Limited liability company
(LW) on page 2), enter the owner's SSN (or EIN, if the owner
has one). Do not enter the disregarded entity's EIN. If the LLC is
classified as a corporation or partnership, enter the entity's EIN.
Note. See the chart on page 4 for further clarification of name
and TIN combinations.
How to get a TIN. If you do not have a TIN. apply for one
immediately. To apply for an SSN, get Form SS-5. Application
for a Social Security Card, from your local Social Security
Administration office or get this form online at www.ssa.gov. You
may also get this form by calling 1-800-772-1213. Use Form
W-7, Application for IRS Individual Taxpayer Identification
Number, to apply for an ITIN, or Form SS-4, Application for
Employer Identification Number, to apply for an MN. You can
apply for an EIN online by accessing the IRS website at
www.irs.gov/businesses and clicking on Employer Identification
Number (FIN) under Starting a Business You can get Forms W-7
and SS-4 from the IRS by visiting www.irs.gov or by calling
1-800-TAX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a TIN,
write "Applied For" in the space for the TIN, sign and date the
form, and give it to the requester. For interest and dividend
payments, and certain payments made with respect to readily
tradable instruments, generally you will have 60 days to get a
TIN and give it to the requester before you are subject to backup
withholding on payments. The 60-day rule does not apply to
other types of payments. You will be subject to backup
withholding on all such payments until you provide your TIN to
the requester.
Note. Entering "Applied For" means that you have already
applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign owner
must use the appropriate Form W-8.
Part II. Certification
interest and dividend payments
All exempt payees except
for 9
Broker transactions
Exempt payees 1 through 73.
Also, a person registered under
the Investment Advisers Act of
1940 who regularly acts as a
broker
To establish to the withholding agent that you are a U.S. person,
or resident alien, sign Form W-9. You may be requested to sign
by the withholding agent even if items 1, 4, and 5 below indicate
otherwise.
For a joint account, only the person whose TIN is shown in
Part I should sign (when required). Exempt payees, see Exempt
Payee on page 2.
Signature requirements. Complete the certification as indicated
Barter exchange transactions
and patronage dividends
Exempt payees 1 through 5
in 1 through 5 below.
Payments over $600 required
to be reported and direct
sales over $5,000
Generally, exempt payees
1 through 7
See Form 1099 - MISC Miscellaneous ncome. and as instructions.
However, the following payments made to a corporation (including gross
proceeds paid to an attorney under section 6045(1), even if the attorney s a
corporation) and reportable on Form 1099-MISC are not exempt from
Packtip withholding: medical and health care payments. attorneys' fees. and
payments for services paid by a federal executive agency.
1. Interest, dividend, and barter exchange accounts
opened before 1984 and broker accounts considered active
during 1983. You must give your correct TIN, but you do not
have to sign the certification.
2. Interest, dividend, broker, and barter exchange
accounts opened after 1983 and broker accounts considered
inactive during 1983. You must sign the certification or backup
withholding will apply. If you are subject to backup withholding
and you are merely providing your correct TIN to the requester,
you must cross out item 2 in the certification before signing the
form.
Form W-9 (Rev. 10.2007)
Pagu
3. Real estate transactions. You must sign the certification.
You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you
do not have to sign the certification unless you have been
notified that you have previously given an incorrect TIN. "Other
payments" include payments made in the course of the
requester's trade or business for rents, royalties, goods (other
than bills for merchandise), medical and health care services
(including payments to corporations), payments to a
nonemployee for services, payments to certain fishing boat crew
members and fishermen, and gross proceeds paid to attorneys
(including payments to corporations).
5. Mortgage interest paid by you r acquisition or
abandonment of secured property, cancellation of debt,
qualified tuition program payments (under section 529), IRA,
Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your
correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
Give name and SSN of:
For this type of account:
1. Individual
2. Two or more individuals (joint
account)
The individual
The actual owner of the account or,
if combined funds, the first
individual on the account'
3. Custodian account of a minor
(Uniform Gift to Minors Act)
4 a. The usual revocable savings
trust (grantor is also trustee)
b. So-called trust account that is
not a legal or valid trust under
state law
5. Sole proprietorship or disregarded
entity owned by an individual
The minor'
The grantor-trustee '
The actual owner '
The owner'
Give name and EIN of:
For this type of account
6. Disregarded entity not owned by an
individual
7. A valid trust, estate, Of pension trust
8. Corporate or LLC electing
Corporate status on Form 8832
9. Association, club. religious.
charitable, educational. or other
tax-exempt organization
10. Partnership or multi-member LLC
The owner
11. A broker or registered nominee
12. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school, district, or
prison) that receives agricultural
program payments
The broker or nominee
The public entity
Legal entity '
The corporation
The organization
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal
information such as your name, social security number (SSN). or
other identifying information. without your permission. to commit
fraud or other crimes. An identity thief may use your SSN to get
a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
Call the IRS at 1-800-829-1040 if you think your identity has
been used inappropriately for tax purposes.
Victims of identity theft who are experiencing economic harm
Or a system problem, or are seeking help in resolving tax
problems that have not been resolved through normal channels.
may be eligible for Taxpayer Advocate Service (TAS) assistance.
You can reach TAS by calling the TAS toll-free case intake line
at 1-877-777-4778 or TTY/TDD 1-800-829-4059.
Protect yourself from suspicious emaits or phishing
schemes. Phishing is the creation and use of email and
websites designed to mimic legitimate business mails and
websites. The most common act is sending an email to a user
falsely claiming to be an established legitimate enterprise in an
attempt to scam the user into surrendering private information
that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails.
Also, the IRS does not request personal detailed information
through email or ask taxpayers for the PIN numbers, passwords,
or similar secret access information for their credit card. bank, or
other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to phishing@irs.gov . You may also report
misuse of the IRS name, logo, or other IRS personal property to
the Treasury Inspector General for Tax Administration at
1-800-366-4484. You can forward suspicious emails to the
Federal Trade Commission at: spameuce.gov or contact them at
www.consumer.govfidtheft or 1-877-IDTHEFT(438-4338).
Visit the IRS website at www.irs.gov to learn more about
identity theft and how to reduce your risk.
The partnership
List first and eittio al.:, name of iho person whose number you furnish. It anis one person
on a Joint aecount has an SSN, that person's !loot.' Mu u1 tx (,004710(1,
'
4
Circle the ' ,Shure nu, * aril furvan the miner's SSN
You most show your individua: woe and you May also enter your business or - OCIA"
name on the second name lies. You may use either your SSN or SiN fif yea have one).
but tne IRS encourages you to use your SSN.
' List first and hirnie the name of the thist, estate or pension trust, {Do not furnish the TIN
of the Personal ratirestaaataa pr truelee unless trio *gat entity aseil it not oesionsted in
me aeon:int Wig.) Also see Specs,' Ivies fr., panne/7010;a or! page 1.
Note. If no name is circled when more than one name is listed.
the number will be considered to be that of the first name listed.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons wno must the information returns with the IRS to report interest,
dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation Of debt, Or
contributions you made to an IRA, or Archer MSA or NSA. The IRS uses the numbers for identification purposes and to help verity the accuracy Of your tax return.
The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, Sates, the District of COlumaa, and U.S.
possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal
nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism.
You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other
payments to a payee who does not give a TIN to a payer Certain penalties may also apply.