Non Judical Punishment
... references (a) and (b), recommending denial. The subject Correspondence was received for endorsement on 18 September 2004. EMFN Smith has not shown good cause for delay in submitting the appeal within the 5 day period required by references (a) and (b). He has requested that the restraint portion of the punishment be stayed if the appeal is not acted upon within the five day time limit under paragraph 7d of reference (a). Enclosure (1) is forwarded in accordance with reference (b). 2. On 10 September 2004, EMFN Smith was awarded no judicial punishment for violation of the Uniform Code of Military Justice, Article 111 one specification for Drunk Driving at Gate 4 at Marine Corps Recruit Depot San Diego. He was awarded 45 days restriction; 45 days extra duty; reduction in rate to the next inferior pay grade of E-2; and forfeiture of $300.00 pay per month for two months. 3. EMFN Smith claim that the punishment he was awarded was more severe than other personnel at the command who have been charged with Driving Under the Influence, due to the fact that this is the second DUI charge for EMFN Smith in two years, which he did not receive punishment at NJP for the first conviction. EMFN Smith was...