in this particular case the correction board should have and could have followed their existing regulations and found that mr jackson's record should be corrected starting with beauty thirteen twenty seven point six i will agree with everyone and it's either a or a one fifty ers joint appendix one fifty nine i believe i will agree with everyone that it's probably a very esoteric regulations one of the not a lot of people or and in the court and which is one of the things that makes it so bothersome and the problem with that is you know the folks that were in bahrain the commanding officer was not an expert on the travel regs i happen to see it was the same as f e m now and certainly was i understand why people didn't know about it but it was brought to the b c enormous attention so we got you know that issue where he was issued a government saito was closed so the c d o who had the authority said yes we'll catch the client and this is the second area where we see in our failed because they found without any kind of documentation citation that's direct is very hard to read especially when you get up to my age but if you can kind of look through the black and down the best copy i had it does show that they stand in first second and second line that the c d o is the direct it's not a good copy i'm sorry but it's the one i have and it says the command duty officer does stand in line or the referee direct were present have a commanding officer the papers before that the pages the authority now to the right make the right decision arguably he did but even if he didn't he still had the authority and certainly the apparent authority to make that decision and send the kid on leave and that's what it comes down to now mr jackson for whatever reason had gotten into the bedstead with command that happens ok he also had sixteen years of good service and was put out of the navy and i agree and list when at that point with only four years to go to  retirement the government never brief talks about a number of things such as well known he he was a troublemaker not a good guy you know something went wrong he went back on if you do be with the national guard and in fact spill so you know we have this one period where all of a sudden this guy is a bad guy and sixteen really seventeen years where he was a good guy something's wrong here what's wrong is somebody took a dislike to this guy the correction or was set up for the purpose of ferreting those things out and correctly come they chose not to do that in choosing not to do that they did not apply that it would be a correct if they did not apply all the navy regulations the standards  honour's i'm into my rebuttal time if you have any questions i ask you i do have a question you went through a lot of things very quickly sorry judge and i'm trying to follow the here and so you started off by ok so so one ninety three there's a thin leave policy here for bahrain and it says the c d o will coordinate official read on to extension requests with the members actually gave some leave extensions but this was not to leave the extension it was actually departing on the travel status prior to the start of the leave and under the deal the regulation the travel status did not count leave in other words his leave did not start until he got back to united states his leave ended when he got back to the port of embarkation and if you'll notice and again i understand the good stuff there's very few people who are worried about like i say just because personal experience but if you look at this whole process the started out as an environmental morale available military transport so for example if there was a c one forty one leaving more rain on his plane on his leave date he would have been put on that one forty one his leave would have started when he got on the one forty one and every time when he got back because there was no military transportation available that day it morphed into what they call the funded emergency fund of environmental leave f e m l which now has the rules is somewhat different and it says the transit time to and from does not count as the live the reason if this is as it was explained to me is budgetary in nature because the federal government cannot fund a transportation  are given funded leave to get back to the continental united states or are not funded leave funded transportation to get back to the to the united states once you reach the united states then you leave goes into effect and then any further transportation morale leave on page thirty two and thirty three of its brief and explained that the instruction that mr jackson relies on does not give the purchase that mr jackson w relates to the calculation of leave that's charged to the member that is separate and apart from the court martial charge of off arised absence from your post there are two separate issues would have the lead buffers ation to leave on july thirtieth as he did and come back on august fourteenth and the travel time when he probably left the base would not count against his leave balance once once his leave was actually charged when he checked back in but he doesn't have the authority to say oh even though my papers only allow me to leave the base on july thirtieth i can leave a day earlier because my flight leaves early and what's important your honor is the record about halfway down this is when everything seemed to take a turn for the worse my offenses were minor and dispose of the captain's mast i accepted my punishment and continued to do i believe that should be my job to the best of my ability at the bottom after council with lieutenant parr petty officer jackson decided to accept a non judicial punishment and avoid a federal conviction an offense that he would have been found guilty of a court martial due to his confession of being u j p he was found guilty of being you way and that leads to my next point your honour's which is jackson mr jackson both in the district court in here has attempted to rely on this theory that the command duty officer somehow has the authority to excuse a member's absence from his post first there's nothing in the regulations that simply says that merely being the directorate representative for at the post doesn't mean that you have the authority there's no evidence in the record that either the commanding officer herself or the executive officer was absent were absent which might again might have allowed the command officer to to modify leave but what's most important is that the person who has the authority to modify leave is the commanding officer the commanding officer herself is the one who administer the non judicial punishment and she is the one who had the opportunity to review all of the records and she's the one who had the opportunity to hear all of the arguments that mr jackson attempts to make here and she found him guilty mr jackson accepted the punishment and it was a light punishment mr jackson met with counsel five times accepted that punishment which was a wise choice because if he got a court martial he would have gotten a bad conduct discharge and had a federal conviction on his record his punishment was one half pay for two months and a reduction in grade which was suspended for six months all we had to do was stay out of trouble he made it through five months and then he got into an altercation with disappear officer chief petty officer admitted at the disciplinary review board exactly what the chief petty officer said occurred occurred that he had screamed at her and said that he did not respect her ghettoes silent leadership and then the commanding officer properly big hit the suspension mr wells in this or jackson claim that he should have had some sort of hearing there's in this two responses to that first he had a hearing before the disciplinary review board where he admitted all the conduct an issue so i there's should be no additional process necessary and the jag manual that mr jackson the lies on does not have mandatory language no pointed out that the b c in our head of the record before it a strain of offenses by mr jackson and mr jackson did have sixteen years of service when he was in bahrain which means he was then he was also noncommissioned officer he was tasked with leading other sailors and was tasked with knowing all of these procedures he had been counseled he left in a not authorized status he came back late there's no evidence on the record that he attempted to call while he was on his funded environmental morale leave and how does leave extended he just came back late he accepted non judicial punishment after consultation with counsel the commanding officer found him guilty he was placed on a suspended sentence or suspended punishment he could not stay out of and the record does contain and i can point the court to it the hearing before the disciplinary review board where it states that mr jackson admitted to the conduct and that is that's a joint appendix one zero two that's the record of the disciplinary hearing before the board and then the commanding officers explanation of her vacation is that article one ten article scuse me appendix one ten and then the as we said put the pet the path of the respond to your question or honor is the board here provided mr jackson multiple opportunities on remand to provide all the information that he possibly could and some if not all of these  arguments were not before it based on the record that was before it passed its decision making it was clear it was and was supported by the record particularly the multiple incidents of misconduct by mr jackson and for those reasons we would ask of the the thirteen twenty some point six which is the key issues in this case along with the check ma'am were before the board because i submitted them to the board and let's take talk about the man mr kelly use the term should he's only reading from part of it if you look at page thirty three on our original brief we did quote from it before vacating suspension a commanding officer ordinarily shall and which is mandatory modified by ordinarily which means doing an administrative screening and they have no powers under the uniform code of military justice only a court martial or the commanding officer have powers and the uniform code of military justice it's a recommendation it's a screening it's used basically to weed out the wheat and chaff between two seamen who argue with each other this time we have between our first class and chief and of course she's making up the board i'm not surprised that they came to the decision they did but let's go back to i think what is the most important thing here is thirteen twenty seven not at farin so he got back to norfolk within is willing to or philadelphia world was within his time limitation ok and again that goes with the the transit time is not considered leave time so so he was in business