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how do i go about getting spacific records, of a court marshel

 
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  • Answered by:psimmons
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Customer Question

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?

 

Optional Information:
State/Country relating to Question: Korea

Already Tried:
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?

Submitted: 865 days and 5 hours ago.
Category: Military Law
Value: $28
Status: CLOSED
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Expert:  psimmons replied865 days and 1 hours ago.

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?

Customer replied864 days and 14 hours ago.

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.

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Expert:  psimmons replied864 days and 2 hours ago.

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 here

http://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

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.8 %
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Answered: 1/6/2011

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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