Posted on 03/17/2009 5:13:31 PM PDT by Brian Foster Sgt. USMC
Thank you all for your support and the support of the site; for the story on my release and my case. Sgt Brian W Foster USMC.
Contact your congressman and Senator.
(It does seem awfully strange that they would put the stripes back on, thereby indicating pay-grade, but not pay you at that grade.)
Congratulations ! (High Five)
Nam Vet
I’m Stunned. There must be more in the MCA ruling that limits his return to SGT pay but I suspect that DFAS has screwed it up. As much as he may dislike it; I’d suggest he go go see JAG to get it all explained / or cleared up.
Thanks for the response, SandRat. Let us know how it comes out, will you, Sgt. Foster?
I will keep in touch with this site. Thanks to all of you.
I can’t tell you how much it means to hear from somebody that has been through so much, but still keeps the faith.
For those who showed an interest on this thread, Sgt. Foster has posted today on the Virginia message board, which you might not see. He is now in Virginia and assigned to Quantico MCB.
http://www.freerepublic.com/perl/profiles?location=94
Here’s an article with new information (since this thread):
Remaining charges against released Marine dropped (May 8, 2009)
The Marine Corps is dropping the remaining charges against a sergeant who already served 10 years behind bars after a military appeals court cited a multitude of problems related to his spousal-rape conviction.
The decision means that Sgt. Brian W. Foster is entitled to back pay and allowance, Brig. Gen. Robert R. Ruark said Friday in a written statement from Camp Pendleton.
http://www3.signonsandiego.com/stories/2009/may/08/bn08marine175013/
The earlier thread linked at #11 above has been removed due to copyright complaint. Sgt. Foster included the following link in his August 22 message, and it’s a good article for the record:
Marine free after conviction tossed out - Rape charge led to decade in prison
(March 14, 2009)
After spending a decade behind bars, a former Camp Pendleton Marine is now a free man because a military appeals court ruled that “a muddled, hearsay-based case” caused his spousal-rape conviction.
God bless you.
I read about your case here in March but had not heard anything about it since. I don’t know if there have been any more threads here on Free Republic, but I searched and did not find any.
One of the threads has been pulled due to copyright complaint (some of the press complains and does not allow their material to be posted here).
I posted some links in #28 and #29 on this thread and copied to those who had shown an interest and would probably not see your message on the Virginia message board page. I added the keyword “sgtbrianfoster” at the top of this thread. Clicking on the keyword brings up a page with any threads here on FR to which the keyword has been added.
It can take time to figure out how the FR software works, and I wanted to help get your message seen. Glad to hear about the remaining charges being dropped and the decision about your back pay.
sgt.,you can file a complaint for redress under article 138 for lost pay, custodial interference and wrongful denial of promotion opportunities. you could also pursue back pay for promotions you would have, or could have received (a commission for example. on the custodial interference due to wrongful incarceration, you may also pursue a criminal complaint against your chain of command at thetime of conviction.
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