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I'm trying to get ahold of a copy of my son's Record of

Customer Question
I'm trying to get...

I'm trying to get ahold of a copy of my son's Record of Trial - army

Lawyer's Assistant: Are you overseas or stateside?

The defense has been holding onto to it stateside and with POA, verbal and written request from my son - they wont give it to me

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Correction: i did until they received the record of trial - then they have gone radio silent fasle accusation of article 120 - 8 *false

Submitted: 6 months ago.Category: Military Law
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Customer reply replied 6 months ago

I'm trying to get ahold of a copy of...
I'm trying to get ahold of a copy of my son's Record of Trial - army

Lawyer's Assistant: Are you overseas or stateside?

The defense has been holding onto to it stateside and with POA, verbal and written request from my son - they wont give it to me

Lawyer's Assistant: Have you talked to anyone in the chain ofcommand about this?

Yes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Correction: i did until they received the record of trial - then they have gone radio silent fasle accusation of article 120 - 8 *false

Customer reply replied 6 months ago
I need to know how to get it for myself. or how do i go about FOIA - correctly.
Answered in 49 minutes by:
1/2/2018
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,496
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

Wait...is the ROT complete? Has the CA taken action?

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Customer reply replied 6 months ago
ROT was completed in October. Hasn’t been sent to our lawyer yet. They emailed saying they attempted to send it last month. Then today they sent some documents but not the ROT
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

Thanks
There are two separate issues here...or, rather, two ways to approach this.

First, and foremost, if you have counsel representing your son, they have a right to the ROT. They can submit a request, to the Trial Counsel for the case...or to the JAG, and they will be provided a copy at no cost.

Then, under the FOIA, you can make the request for ROT.

You make that request to the CA (convening authority). Here is the format:

1. Put the request in writing.

2. Make sure you reference FOIA (so say "this is a request under the freedom of information act)

3. Describe the record sought (so give your sons full name and the dates of the trial)

4. State you are willing to pay reproduction fees associated with the request.

5. State that the purpose of the request is non commercial. Then request they waive reproduction fees.

6. Provide a valid address to forward the records.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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