how do i go about getting spacific records, of a court marshel in 1980,in wich i was the only witness to an attempt murder of a buck sgt, by a nother buck sgt?
State/Country relating to Question: Korea
i put in a claim for ptsd and was rejected,they (say) there is no record of the event,but come on now no record of an official court marshel,one that sent a sergent to levenworth for 25 yrs,a loss of all rank and a dishonerable discharge? thats bullshit, so what should i do?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Can you tell me, what type of court was this? General or Special?And what was the unit that ran the court? Where were they located at?
not sure wich court , but it was on post, and EVERYBODY was in uniform. I was in camp casey , korea 2nd division, ? btln, C- company. The defendents name was sgt neely or neeley, one of those, and the guy he hit was sgt rogers.
What you really need is the name of the unit. The Battalion/Division you belonged to.Once you have that, you would be able to request the record of trial. The record of trial is the official report of the court martial. You can request the record of trial under the Freedom Of Information Act (FOIA).If the record still exists. But if its a attempted murder trial, I suspect there is still a record.I would start with a request of your records. You can do so herehttp://www.archives.gov/veterans/military-service-records/standard-form-180.html If you were in the same unit, you can then submit a FOIA request to that same battalion. I would also request to the Division.The FOIA request must be in writing, state that its a request under the FOIA. You will want to request the record of trial for US v Neely. I would also request under the various other possible names. Your request must state your willing to pay the fees to copy the documents.You send the request to the adjutant of the unit (battalion and division)If the record exits, again I suspect it will, you can get a copy that way.Let me know if you have more questions
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).