Sunday, September 6, 2009

DoD Directives, SECNAVINST and Executive Orders from the President

Ok, So I decided to do a little "cleaning" today and went through all the paperwork I've collected over the last 2 years. I found some very interesting things in my filing cabinet. Among my files and folders, I found several DOD Directives, SECNAV Instructions, Executive orders, etc. These are some of the better ones.


SECNAVINST 5520.3B-Criminal and Security Investigations and Related Activities within the Department of the Navy

http://www.brooksidepress.org/Products/OperationalMedicine/DATA/operationalmed/Instructions/5520b3.pdf

This instructions says that NCIS shall comply with the referral, reporting, and conferral requirements of the Memorandum of Understanding (MOU) between the Department of Justice and the Department of Defense (DoD) relating to the investigation of certain crimes. This manual covers DoD Directive 6400.1 FAP, and federal/state reporting requirements of child sexual assault.

Funny, NCIS and the USMC don't feel they have violated any of these things.



Memorandum of Understanding

http://www.dtic.mil/whs/directives/corres/pdf/552507p.pdf


The Memorandum of Understanding, viewed at the link below, states that under section B of the policy "the Department of Defense (DoD) has responsibility for the integrity of its programs, operations, and installations, and for the discipline of the armed forces. Prompt administrative actions and completion of investigations within the two (2) year statute of limitations under the Uniform Code of Military Justice (UCMJ) require the Department of Defense to assume an important role in federal criminal investigations."


The investigation into Edwin's charges started on June 3, 2004 and ended on August 20, 2007 when the military finally decided to get him into court and wrongfully convict him.

The MOU goes on to say "that crimes committed on a military installation where one or more subjects (ex-wife Gloria being implicated on video by alleged "victim" stating she (Gloria) watched whole sexual assault-NCIS never investigated this allegation) are not subject to UCMJ the DoD investigative agency (being NCIS in this case) will provide immediate notice of the matter to the appropriate Department of Justice investigative agency." The MOU states in it's supplemental guidance that "purposes of required notice to the DoJ only if the offence falls within the prosecutorial guidelines of the local US attorney". Meaning-NCIS has to notify the DoJ and civilian authorities per this directive, but also falls under the DoD Directive 6400.1.

This would mean that because the alleged "victim" accused Gloria of witnessing this crime, Gloria should have been investigated by civilian authorities and prosecuted in civilian court. Because NCIS does not have the proper training to conduct these types of investigation and ignored federal/state reporting requirements and DoD Directives, they have once again made themselves look like asses. I will say it again. These are NOT the NCIS people you see on television.



DoD Directive 5525.5 Cooperation with Civilian Law Enforcement Officials

http://www.fas.org/irp/doddir/dod/d5525_5.pdf

It states that it is DoD policy to cooperate with civilian law enforcement officials. It also establishes procedures for local points of contact and coordination with federal, state and local officials to conduct investigations, procedures doe prompt transfer of relevant information to law enforcement agencies.



Executive Order 12731 (also 12674) United States Office of Government Ethics

http://www.usoge.gov/laws_regs/exec_orders/eo12731.aspx

Employees shall put forth honest effort in the performance of their duties



Employees shall disclose waste, fraud, abuse and corruption to appropriate authorities


Employees shall endeavor to avoid any actions creating the appearance that they are violating the LAW or ETHICAL standards promulgated pursuant to this order



I don't believe anyone associated with the case nor anyone having knowledge with this case can say that Lt Michael Melocowsky (USN), Major Clay Plummer (USMC), Capt John Ellis (USMC), Major Brian Kasprzyk (USMC), Major General Thomas Waldhauser (USMC), Major General Richard Mills (USMC), LT Col Robert Miller (Retired USMC), Special Agent Art Spafford (NCIS Camp Pendleton), Special Agent Eric Muelenberg (NCIS Camp Pendleton), Special agent Crandall (NCIS Parris Island), Inspector General Robert Mulligan (NCIS IG), Inspector General Warren Worth (USMC IG), and several others in the office of the Judge Advocate General and the Commandant of the Marine Corps have complied with these "rules" in this executive order. All of these people have extensive knowledge (most have written me letters acknowledging the facts) yet still clearly ignore repeated attempts to correct these lies. These ethics are also covered under DoD Directive 5500.07.







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