Home | Help | Sign In Track & Confirm Label/Receipt Number: 7010 3090 0000 4698 3060 Expected Delivery Date: July 7, 2011 Class: First-Class Mail® FAQs Enter Label/Receipt Number. Service(s): Certified Mail™ Return Receipt Status: Delivered Your item was delivered at 4:54 pm on July 06, 2011 in JACKSON, MS 39217. Detailed Results: Delivered, July 06, 2011, 4:54 pm, JACKSON, MS 39217 Notice Left (No Authorized Recipient Available), July 06, 2011, 9:04 am, JACKSON, MS 39217 Arrival at Unit, July 06, 2011, 8:51 am, JACKSON, MS 39201 Processed through Sort Facility, July 05, 2011, 10:27 pm, JACKSON, MS 39201 Acceptance, July 05, 2011, 5:17 pm, JACKSON, MS 39211 Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Site Map Customer Serv ice Forms Copyright© 2010 USPS. All Rights Reserv ed. Gov 't Serv ices Careers No FEAR Act EEO Data Priv acy Policy FOIA Terms of Use Business Customer Gateway JACKSON STATE UNIVERSITY 1400 J. R. LYNCH STREET • P. O. Box 17025 JACKSON, MISSISSIPPI 39217-0125 DEPARTMENT OF PUBLIC SAFETY PHONE: (601) 979-2580 FAX: (601) 979-6880 RE: Service # DATE: 7/8/2011 A background check was conducted on 1 Lt. Samuel L. Clemmons and no criminal record was found. Sincerely, RA/d-fIC Joseph Bradley, Investigator ~— 11 — 1. 1 Public Freedom of Information Act Review under Petition Public Review to Support 1LT. Clemmons(Promotable) issues and claims, etc. Department of the Army Pamphlet 25–403 Information Management Guide to Recordkeeping BEFORE THE STATE OF MISSISSIPPI, ET AL Headquarters Department of the Army Washington, DC 11 August 2008 UNCLASSIFIED Page 1 of 126 r MHO RQID:L00060007317024 SITE:SOF DR SSN: DOCTYPE:1050 RF:D CS:55fa Claimant: S L CLEMMONS CASE: 7317 This page must be on top of your PAC AND FINDING / POLICE REPORT ssm.m.lpo. Slide this page into the return window envelope with this address showing. PLEASE NOTE: We have contracted with a specialized vendor to electronically scan all of the correspondence received from you, before it is sent to us. Therefore, your response must be sent to the address as indicated above and in the box to the right. TO EXPEDITE YOUR RESPONSE FAX RECORDS To: 877-848.4803 The barcode page must be the first page of the returned documents MSC 109 2 U.S. Governments Requests of Public Records or Facts on Clemmons (See Special Power of Atttorneys Attached) 2 Note: This request is time sensitive and being tracked and monitored under the FOIA and Open Records regulations SPECIAL POWER OF ATTORNEY To Request FOIA and Privacy Act, 5.U.S.C. 552 and 5 U.S.C. 552a Know All Person by These Presents: [hat I, Samuel Lennious Clemmons, Jr., of currently in of the State of Mississippi but hold a resident of Brookhaven, MS 39601. Do hereby provide this document request to release all information in nature to me according to the Freedom of Information Act and Privacy Act, 5 U.S.C. 552 and 5 U.S.C. 552a respectively. This notice is my true and lawful attorney-in-fact to provide you the following in my name and on my behalf. I hereby states that my full and legal name is Samuel Lennious Clemmons, Jr. My Date SSN ; I am seeking all records pertaining to my background, employment records, security clearances conducted and list of all agencies whom has requested and obtain such records in my tile. of Birth is: Please release and send all information per request to the following addresses and person AMENDED only: S.L. Clemmons @ P.O. Box 1001, Brookhaven, MS 39602 and Mrs. Mary L. Lee 4, P.O. Box 28558, Atlanta, GA 30358. (See Attached letter) Note now: P.O. Box 347, Brookhaven, MS 39602 BY THIS DOCUMENT I GIVE AND GRANT TO my attorney full power and authority to perform every act that is necessary or appropriate to accomplish the purpose for which this Power of Attorney is granted, as fully and effectual as I could do if were present. I HEREBY RATIFY ALL THAT MY ATTORNEY SHALL LAWFULLY DO OR CAUSE TO BE DONE BY VIRTUE OF THIS DOCUMENT. All business transacted hereunder for me or for my account shall be transacted in my name / business name, and that all endorsement and instruments executed by my attorney for the purpose of carrying out the foregoing powers shall contain my name, followed by that of my attorney and the designation "attorney-in-fact" IN WITNESS WHEREOF, I sign, seal, declare, publish, make and constitute this as and for my Power of Attorney in ,the pr ce of the jptx Public witnessing it at my request this date, 7/./Z7 SIGNATUE Date: STATE OF GEORGIA COBB COUNTY I, undersigned, certify that I am duly commissioned, qualified, and authorized notary public. Before me personally, within the territorial limits of my warrant of authority, appeared -a c•-, who is known by me to be the person who 4. 6.1.7 ► 0 VI. C,\• described herein, who name is subscribed to, and who signed this power of Attorney as Grantor, and who, having been duly sworn, acknowledged that this instrument was executed after its contents were read and duly explained, and that such execution was a free and voluntary act and deed for the use and purposes herein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affix my official seal, on (Month, date, and Year) Q.0 S ( 1 (\..1 A•Aa4 t Notaryjublic Signature) -4-vtit • -).fz. X60 6 t My Cothmission Expires on) LT. CLEMMONS' evidence filed and served upon the courts under a certified and approved "Public" Subpoena for records under United States Open Records Request & FOIA Pages 1 of 49 Note: This request is time sensitive and being tracked and monitored under the FOIA and Open Records regulations OATH OF OFFICE - MILITARY PERSONNEL 0 Fie use iil 11141 tone *e AR 115-100, the pintionunt Ardency Is OCCSPER 0ICATE THE APPOINTMENT FOR wtfiCH OATH IS BEING EXECUTED BY PLACING AN -x- IN APPROPRIATE BOX. REGULAR ARMY COMMISSIONED OFFICERS WILL ALSO SPECIFY THE BRANCH OF APPOINTMENT WHEN APPOINTED IN A SPECIAL BRANCH. DATA REQUIRED BY THE PRIVACY ACT OF 1974 5 USC 1331; 10 USC 275. AUTHORITY: PRINCIPAL PURPOSE. To create a record of the date of acceptance of appointment. ROUTINE USES: Information le used to establish and record the date 01 acceptance. The SSN Is uses:110 identity the member. date of acceptance of appointment is used In preparing statements of service and computing basic pay dale. Completion of form Is mandatory. Failure to do ao sad cause the appointment to be Invalid. DISCLOSURE: The (NS TALICTIONS. In case of non-accoptance. the notice al appointment will o'- to TItte form win be eiecutecl upon acceptance of appointment es an oftat et.1 io 515 agency born which recorrod. (by batter) Indicating IN! fact of non-acceolanca in the Army of the United States as indicated at 100 of form. Invnodiately upon recap, 01 nonce of appointment, the appointee wok n cased acceptance of the appointment, teturn to the agency from wt ch received, the oath of office (on thiS /Cum/ proporty Med irt. subscribed and attested. COU1ASSIONED OFFICERS a REGULAR AM' ❑ '11 V/ARRANT OFFICERS • REGULAR ARMY ARIA' OF THE UNITED STATES. WITHOUT COMPONENT ❑ AFILfY OF THE UNTIE) STATES. WITHOUT COMPONENT RESERVE COMMISSIONED OFFICER U - RESERVE WARRANT OFFICER 1 6,-„s. -non Pe ••PneWomg Samuel Lennious Clemmons ,,„., /. ■•••••-••■•■Atie Mame-Lost Amoy 1. . (Sava& Sacw.ty Molnar) 2LT ttst•mg been seeontod an olloCee Ni the Aim, or the United Stales, as indicated obese et the wade of do .shammy Sated,* /..r ✓ luenu that 1 veil support and drawer the Constitution or the Untied Stales swung all mein ea, Image and domestic. 'hal htea beer true faith and eltaiumco In the same. that I take this °bimestrial treety. without any mental reservation ts purpose of IMIIIMOrk and that 1 ad eel duties of the ullsce ishun which I am about to enter, SO DD Form 1 A ciffa'ggaimission) <L/-e V ■t+x-4.2;w• , .... - ;- - --2c1 ) ha AMMO an shown (date) Jackson SWORN TO AND SUBSCRIBED BEFORE ME AT THIS and taiantuiaf tfachana. the HELP h E COO 1 7th DAY OF State University «...-4,-4---....., Jackson, MS , 199 14..1 y Arthur E. 'Williams 7..e.12... Rrigatitor ConprAl (07)_ ITS Army L4L-Zake..--__ 'Geed* component ie onec• al ea eClOI .1.1~110Infl o.IN 617.11N.10 FOR THE EXECUTION OF THE OATH OF OFFICE 1. Whenever any person a elected or appointed to at office of hoocx cw trust under the Gcniernmonl of the United States. he/she us achuta4, or persannol athutanl its ally of rho Annuli home 'Stitt UCMI. Afacja 136, 10 U S C 9351 A commissioned warrant officor atimmustornsi rechniect beloie anteetng upon ihe duties of his/her °lice, 10 take and the oath of office was show lusMett See in thuiSock Ie the kill of 11.s/her subSCrte the oath prescribed by Section 1757. Revised Statutes, (5 signature. u S C. 16. ML. 1949.54c:ton 118). 4. Oath of office may also be taunt &lore any civil officer who 2. 10 U S.C. 3394 eliminates the necessary of esocuung la au- thertzed by the laws of Ms United States or by the local municipal law to administer oat', and el so admindlerOd by a civil altar:di. Ma oath must beat oath on feontotion of otticerts the official seal of the poison administering the oath, or il a seal is not used Cry 3. The oath of once may be taken Delors any commissioned 0/flew of any component of any Armed Force, *hairier or not on the (Anal the officers capacity n administer oaths must be cent/sec, to uncle, seal by a clerk or coon or other proper local &heal. acuve duty (10 U S C. 1031), or before any commissioned warrant officer when acting as an achitant assistant adjutant. acting DA FORM 71, GEC 38 i.OITION OF AUG 59 W11.1. SE USED UNTIL potAtisTED c:,peciai Power ofevidence Attorneysfiled Attached for MEB Paperwork Transcripts in and Medical Records at Fort Gordon, for Georgia LT. CLEMMONS' and served upon the courtsand under a certified approved "Public" Subpoena records under United States Open Records Request & FOIA 19 Pages 2 of 49 Note: This request is time sensitive and being tracked and monitored under the FOIA and Open Records regulations DEPARTMENT OF THE ARMY HuwouwarrieS, u1. ARmy nano *ECAOPI u • A 0.4V ROTC C.ADICT C064■44,10 roll KfY, IUJ6.4.4 46442 •700 ..r/gmrlCiftar ATOC-PAC (145-1m) 2 May 1990 MEMORANDUM THRU Professor of Military Science, University, Jackson, MS Jackson State 39217-7500 FOR Second Lieutenant Samuel Lennious Clemmons, Brookhaven, MS 39601 SUBJECT: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, United States Code, Sections 591. 593, 2104. 2106. and 2107 Branch of service to which assigned: IN 1. The Secretary of the Army has directed that you be informed that by direction of the President you are appointed a Reserve commissioned officer of the United States Army, effective on your acceptance. in the grade and with the social security number shown in address above. 2. This appointment is for an indefinite term. 3. You are requested to execute and return promptly the enclosed DA Form 71 (Oath of Office-Military Personnel). Your execution and return of the oath of office constitutes your acceptance of appointment. No other evidence of acceptance is required. Prompt action is requested since regulations require cancellation of this tender of appointment if not accepted when designated by the Professor of Military Science. 4. Upon receipt of the properly executed oath of office, a commission (DD Form 1A) will be presented to you. You are assigned to the branch of the Army Reserve shown above. 5. After acceptance of this appointment, any change in your permanent home address of more than 30 days duration will be reported by you to the custodian of your military personnel records. Include your full name and social security number in any correspondence concerning your military status. FOR THE COMMANDER: Enc l Date of Acceptance DAVI'D MCLAUGHLIN LTC. AG Adjutant General 1 2 MAT 19 90 Special Power of Attorneys Attached for MEB Paperwork and transcripts in Medical Records at Fort Gordon, Georgia LT. CLEMMONS' evidence filed and served upon the courts under a certified and approved "Public" Subpoena for records under United States Open Records Request & FOIA Pages 3 of 49 UNITED STATES CUSTOMER'S RECEIPT POSTAL SERVICE a SEE BACK OF THIS RECEIPT FOR IMPORTANT CLAIM INFORMATION NOT NEGOTIABLE Zrar1/0179,,V ‘414tarktrirtOWSiO Pay to Addr ess /Mt' ----•=4"11,rj-oar .1-117-4 Ork, Serial Number Year, Month, ay 18925719074 Post Offi ce Year, Month, Day 18925719074 r 444V; ft(4411"... 2011-07-02 300600 Amount if°4r memo 1 63,09- 0 2008 Un ■ted States Postal SAN., All Rights ReSenied 0000800 21: $5.0 o Clerk aIrof ,472ferc, ■0,4; j 4,f, .../ r oz. <01'4 411. U.S. Dollars and Cents FIVE DOLLARS & 00C *************************** /.044=-4073e: " 21° 0018 $5.00 Post Office #4,CAeAfri ‘7far r 41, 5: 4,7•4?,4901,711eCer---"aegis- Pay to riel Clerk POSTAI, MONEY ORDER 111 Serial Number A Amount 300600 2011-07-02 UNITED STATES POSTAL SERVICE Address KEEP THIS RECEIPT FOR YOUR RECORDS de. oeier ale From ,,,Aeds: 'ear Address. Age (1018 OgG (740,40645›, .1,491.-- SEE REVERSE WARNING • NEGOTIABLE ONLY IN THE U.S. AND POSSESSIONS h89 2 S 7 L90 7411' APPROVED f FOR PUBLIC RELEASE Congress of the United States Mouse of Representatives Washington, DC 28515 Consent for Release of Personal Records by Execudve Agencies Name of Agency: / DEPARTMENT OF THE ARMY, et al To Whom It May Concern: I have sought assistance from Congressmen Ronnie Shows or a matter that may require the release of Information maintained by your agency. and which you may be prohibited form disseminating under the Privacy Act of 1874. I hereby authorize you to release all relevant portions of my records or to discuss problems Involved in this case Shows or any authorized member of his staff jyd491- 0. ge 71, -"Af (Address ot Claimantj (Social Securtty *) (VA Claim lM if Applicable) 4 35 (Telephone for Claimant. tf none, s where you could be reached) Please return this form to: V°*Congressnien Ronnie Shows 246 E. Capitol. Suibs 222 Cr .lackson, MS 39201 r Mary L. Lee, Paralegal Assistant P.O. Box 347 Brookhaven, MS 39602 Ilk Phone No. 801 352-1356 Fax No. 801-362-0044 Executive Branch of Government 1600 Pennsylvania Avenue, NW Washington, DC 20500 eLaw Office of Chuck R. Pardue 1919 Pennsylvania Avenue, NW Suite 300 Washington, DC 20006 Special Power of Attorneys Attached for MEB Paperwori Phone No. 866-409-7758 Fax No • 601-352-9044 Phone: 202-456-1111 Fax No. 202-456-1111 Phone: 202-796-2139 Fax No. 202-223-6739 FOR COMMENTi l Records at Fort Gordon, Georgia 3 "%F.,* 4. Congress of the United States House of Representatives Washington, DC 20515 Consent for Release of Personal Records by Executive Agencies Name of Agency: /4-- DEPARTMENT OF THE ARMY, et a l .010■14.41...•■■1#1# To Whom It May Concern: I have sought assistance from Congressman Ronnie Shows on a matter that may require the release of information maintained by your agency, and which you may be prohibited form disseminating under the Privacy Act of 11074. I hereby authorize you to release all relevant portions of my records or to discuss probsle ms Involved In this case gressman Shows or any authorized member of his taff date g /4:34/95 PIO, &Ds llsrs (Address of Claimant) (Social Security 0) 19iia-14-a) alq 3v3sir (VA Claim # if Applicable) tyrant. If none, # where you Id be reached /9gf 'Rerigvi - cr44 Plea*, return this form to: ?Congressman Ronnie Shows 245 E. Capitol, Suite 222 Jackson, MS 39201 igh Phone No. 801 352-1356 Fax No. 801-3824044 Mary L. Lee, Paralegal Assistant P.O. Box 347 Brookhaven, MS 39602 Phone No. 866-409-7758 Fax No 601-352-9044 Executive Branch of Government 1600 Pennsylvania Avenue, NW Washington, DC 20500 Phone: 202-456-1111 Fax No. 202-456-1111 11111.-"Law Office of Chuck R. Pardue 1919 Pennsylvania Avenue, NW Suite 300 Washington, DC 20006 Phone: 202-796-2139 Fax No. 202-223-6739 CPguitali.W3A0Wii WW1 APPROVED 44014fil295 F-401 1,144 LAW OFFICES FOR PUBLIC RELEASE PARDUE & MASSEY (c,n l latcmational Law Officca luck R. Danduo Me..93cy (CA) Laura J. f5cri (CA t21 PA) William J. Marcum (CA) .;•.:•hn W. -.Scaman. Jr. (G1 (Z1 AZ) Nunia KuEnsatibckov (Kyr•syz Rcp bic) Paha Tektc•valiev (Kyryz 1Qc tic) vct.lana Af.r..seko (QcFrdbiic of f.)earus) Samuel L. Clemmons Augusta. GA 30907 Dear Samuel: Enclosed please find a Special Power of Attorney. Please have your signature notarized and return this document to me. As this Special Power of Attorney states, you are appointing me to resolve all claims that you have with the United States Army, including, but not limited to, the signing of any documents relating to same. If you have any questions regarding the above, please contact me. With kindest personal regards, I remain, PARDUE & MASSEY 3\-u1/404 Chuck R. Pardue Attorney at Law CRP:sdj Enclosure Please reply to the Corporate Office at 563 Greene Street. Augusta. Georgia 30901 553 Greene Sreet Augusta. GA 30901 Teeartine 706 722-1900 70ii Free !nsicle US 1-800-666-i - 01 - e l ecorier 706 722.0149 :919 Fer:"-syivana Avenue. Ms/ Sane 300 Nasnkagvl, CC 2....:C*6 'eerzone 202 736-2139 acapter zcz 223-6739 7 S;iganova Sr t 2200 1 2 mosk BetarJs reelhane 7 0!7262-54." 3 reecever 7 0172 39-57-09 Gnu, Prospect 114 Suite 450 3.0kek. Kyrgyz *eaorene 7 13 312 291-411 ....ec-::1 0,er 7 3312 291-491 Special Power of Attorneys Attached for MEB Paperwork and Transcripts in Medical Records at Fort Gordon, Georgia Records request upon State of Georgia - All Police Reports, Incident Reports, Investigation Reports & Transcripts of Records 88 7 1 Closet :013-EccRIC 5 1 OD Etairna6c124€764:63 Fled 03612820 113 a g e Fate( 8139 SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That I, SAMUEL L. CLEMMONS, residing at Augusta, County of Richmond, State of Georgia, do hereby nominate, constitute, and appoint CHUCK R. PARDUE, Attorney at Law, residing at 563 Greene Street, Augusta, County of Richmond, State of Georgia, my true and lawful attorney-in-fact, for me and in my name, place, and stead, and for my use and benefit: To do all things necessary to resolve my claim with the United States Army, to include but not limited to signing documents for same. Also to bargain and agree to settle, and in any and every way and manner deal in and with the settlement of this case. And also for me and in my name, and as my act and deed, to sign, seal, execute, deliver, and acknowledge such documents, releases and bonds and such other instruments in writing of whatsoever kind and nature as may be necessary or proper in association with said claim of the United States Army. GIVING AND GRANTING unto my said attorney-in-fact full power and authority to do and perform every act necessary, requisite, or proper to be done in and about the settlement of this case as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto signed my name this Abwaerye• , 1994. 4/ day of AM L L. CLEMMONS ATTESTATION Signature acknowledged in the presence of: ACKNOWLEDGMENT STATE OF GEORGIA COUNTY OF RICHMOND ) The foregoing instrument was acknowledged before me this r 1994, by SAMUEL L. CLEMMONS. /14 /1•71, S /- day of , Lit-revrva Notary Public, St e of Georgia My Commission Expirrs: (S EA L) wary Pim* e*Imatt Car*. NOS Coartmisekr E.Vtos May 12. 1%6 INITIALS Page 1 of I Special Power of Attorneys AttacWrrttrititnr Paperwurr and tr anscripts in , Geurgia Records request upon State of Georgia - All Police Reports, Incident Reports, Investigation Reports & Transcripts of Records 2 Brookhaven Main Office Brookhaven, Mississippi 396019998 2737860601 -0099 03/01/2011 (601)833-3461 11:02:19 AM Product Description Sales Receipt Sale Unit Oty Price Final Price 44c Oscar 20 $0.44 Micheaux PSA Dom. Money Order 18652352848 Domestic Money Order Fee Subtotal: $455.00 $1.10 $456.10 Total: $464.90 Paid by: Debit Card Account U: Approval #: Transaction U: 23 903260669 ReceiptU: Debit Card Purchase Cash Back $8.80 $484.90 XXXXXXXXXXXX6145 120818 884 002105 $464.90 $20.00 Order stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. **XXXXX*XXSXWXXXXXSAX*******A*WW**XSAX** *XXXX*WWX***XXXXXXXXXXXXXXXXXXXSAX*WXXICA Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. **W***X*******X *** **XXXX*XXXX*XXX*X***** XXIC XXXXX***IC******X***********X*XX*****X Bill N: 1000100622926 Clerk: 07 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business XXXICXXXX****XY(************W****XXXXXXX*VC XXXWXXXX*XXXICX**X*XXXXXXXWXXXXXWWXXXXXXX HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE U.S. Government's Requests of Public Records or Facts on Clemmons (See Special Power of Atttorneys Attached) YOUR OPINION COUNTS XXXXXXXXXXX*XXXXA*W*AXXXAX*XXX*XXXXXAM "These documents or requests are being public monitored and tracked for quality assurance under the FIOA Request" Understanding Military Criminal Law By James R. Klimaski — Military criminal law reflects the constraints of military service. Although service members enjoy basic constitutional rights, they are also subject to restraints the military believes necessary for discipline and achieving a cohesive fighting force. The military member agrees to these strictures when s/he signs the enlistment contract of service. Once the contract is in effect – which occurs when the individual takes the formal oath of office – the service member cannot simply quit. Conversely, the military cannot simply dismiss the member. Military service is not a civilian job, i.e., employment-at-will or employment contract. The Military operates under the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 801, et. seq., rather than civilian criminal statutes. The UCMJ criminalizes acts that are not crimes in the civilian context. For example, concerning the service contract, the UCMJ outlaws desertion, absence without leave (AWOL) and missing movement, which means failing to report when one's unit is deployed, under orders, to another location. To ensure orderly operations and secure the chain of command, the UCMJ also criminalizes disruptive actions such as insubordination, or failure to follow orders or regulations. There are a few limits on free speech, but the military's efforts to restrain all speech have failed. Additionally, the military proscribes private individual behavior such as fraternization between service members of different ranks, adultery and sodomy. Military sodomy laws have so far withstood Lawrence v. Texas, 539 U.S. 558 (2003), in which the U.S. Supreme Court found civilian antisodomy laws unconstitutional. Further, the military asserts jurisdiction over service members for bad behavior while on leave or out of uniform. Finally, the UCMJ contains a catch all provision, Article 134, criminalizing acts that discredit the military and are prejudicial to good order and discipline. The military enforces the UCMJ through a multi- tiered system of forums, ranging from non-judicial punishment to the general court-martial, a proceeding akin to a civilian felony criminal trial with judge and jury. The UCMJ contains provisions describing both non-judicial and judicial punishments. The service member's Commander, the Convening Authority, decides whether to prosecute the case, determines the forum, appoints the jury panel and ultimately approves any adjudged punishment. Article 15: Punishment Not a Criminal Conviction, But Can Result in Criminal Arrest Record Article 15 of the UCMJ codifies non-judicial punishments. An example of an act subject to an Article 15 is reporting late to an assignment or work. The closest civilian comparison is a minor traffic offense. In a civilian setting, a hearing examiner would adjudicate such minor infractions. In the military, however, the service member's commanding officer serves as the hearing examiner. Punishment under Article 15 is not a criminal conviction. Even so, the military sometimes reports Article 15 arrests to the Federal Bureau of Investigation. As a result, years later the former service member discovers that she or he has a criminal arrest record for something that may not even be a criminal offense and for which the service member was found not guilty. The military does not have a formal process to expunge arrests, as do civilian courts. "These documents or requests are being public monitored and tracked for quality assurance under the FIOA Request" Because Article 15 punishment is "non-judicial," the service member may appeal the decision only to his or her next higher Commander. The military's formal criminal appeals system does not include jurisdiction over Article 15 punishments. Courts-Martial: The Military's Formal Criminal Adjudication Courts-martial constitute the military's formal criminal adjudication. There are three court-martial levels: (I) the lowest, summary court-martial; (2) special court-martial; and (3) the highest, general court-martial. Conviction in either a special or general court-martial constitutes a federal criminal conviction. A summary court-martial, a procedure the military rarely uses, is more formal than an Article 15, but the punishment is not a criminal conviction. One individual, not the service member's commanding officer and usually a military lawyer, presides over a summary court-martial and acts as prosecutor, judge and jury. The military does not provide the service member with military counsel for a summary court- martial. The service member, however, may bring a representative, including a civilian attorney, to defend him or her. The principal difference between a special court- martial and a general court-martial is the level of punishment each can impose. Special courts-martial convictions essentially constitute misdemeanors. Such a conviction carries no more than a one-year confinement, reduction in rank, pay forfeiture and a Bad Conduct Discharge, even when the offense authorizes a higher maximum punishment. A general court-martial, however, may impose confinement up to the offense's maximum sentence, including life imprisonment or the death penalty. No service member has been put to death since 1961, although since then general courts-martial have handed down several death sentences. CO's Substantial Powers Over Courts Martial Open to Serious Abuse The commanding officer, having general court- martial Convening Authority, chooses the level of court-martial and the make-up of the jury. These powers are open to serious abuse. The Manual for Courts-Martial (MCM), the rules or procedure for courts-martial, limits the Convening Authority's power to affect the court-martial's outcome. A Presidential Executive Order, the MCM undergoes revision at least every other year. The President must formally approve the changes. After preferring the charges, the Commander selects an Article 32 investigating officer. This investigator gathers the facts of the case and recommends whether the charge merits a general courtmartial. The Commander can accept or reject the investigator's recommendation without explanation. If the Commander refers the matter to either a special or general court-martial, she or he selects the jury (court panel) whose members must be of equal or greater rank than the accused. An enlisted service member can require that at least one-third of the panel member come from the enlisted ranks. Military courts tolerate liberal voir dire, permitting peremptory challenges and those for cause. To Decrease Command Influence, Defense Bar and Judiciary Are Independent To decrease command influence, every service has an independent defense bar and judiciary. The independent trial defense service details a defense lawyer to the defendant (the "accused," in military "These documents or requests are being public monitored and tracked for quality assurance under the FIOA Request" parlance), who does not have to pay for this representation. The accused may request a specific military lawyer for his/her defense and has the right to hire a civilian lawyer at her or his own expense. The Chief Judge of the trial judiciary for each service branch appoints a military judge to a case. The court-martial generally follows the Federal Rules of Evidence. Trial procedures are similar to those in civilian courts. The jury's decision, however, need not be unanimous, except for sentencing in a capital punishment case. The Convening Authority reviews any conviction after the trial and may grant clemency or otherwise lower the sentence. If the sentence consists of a punitive discharge and/or one year of confinement, the case is automatically appealed to the Court of Criminal Appeals for the respective service. These judges are military officers. The United States Court of Appeals for the Armed Forces (CAAF) provides a second appeal level. The judges are civilians whom the President has nominated and the Senate has confirmed. The final resort is to appeal through a petition for certiorari to the United States Supreme Court. The military operates under its own criminal laws and procedures. Any unfairness stems from those who control the proceedings. James Klimaski is a member of the NLG Military Law Task Force Steering Committee and a long time military law practitioner Note: This request is time sensitive and being tracked and monitored under the FOIA and Open Records regulations THIS IS AN IMPORTANT RECORD SAFEGUARD IT CAUTION: NOT TO BE USED FOR IDENTIFICATION PURPOSES .7 OD , F J° Ule4 79 214 ANY ALTERATIONS IN SHADED AREAS RENDER FORM VOID CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY rIREV IOUS EDITIONS OF THIS FORM ARE OBSOLETE. 7 DEPARTMENT COMPONENT AND BRANCH :4. I 9 \' —.1 - .1., V PEA :. I' .9 S. DATE OP BIRTH lb. PAY GRADE 411. GRADE RATE OR RANK L. ' L 6. PtA E OF ENTRY INTO ACTIVE DUTY E -2 PV2 , .GNOLIA MS B. STATION WHERE SEPARATED 7. LAST DUTY ASSIGNMENT AND MAJOR COMMAND CO D, 7TH BN 1ST ITB, USAIC TRADOC TC FORT HENNING. GEORGIA 9. COMMAND TO WHICH TRANSFERRED CO II 3. SOCIAL SECURITY NO. 10 SGU COVERAGE PRIMARY SPECIALTY NUMBER, TITI/ AND YEARS ANO MONTHS IN SPECIALTY (Additional TP 9940 0 410T199F1 and WEIR !rivalling periods of one or more years) 35 AMOUNT/ E 1/155TH INF BN MAGNOLIA MS 39652 12 RECORD OF SERVICE YEAR (a) NO [] mON (a) NONE 3Ay. (a) a. Doe Entered AD This F•rtoi 85 06 26 1 1510 Heavy AntlArmor Weapons Crewman// 16, Separatkm1369, Roo Period 85 08 09 00 Yrs and 00 Mos//NOTHING FOLLOWS R. Nil kit,* Service 191s Pwlocl 00 00 01 14 4. ToTa1PrIer Active Service 01 24 .. 01 04 13 00 00 00 00 00 00 21. E-flocii.• Doled Pay Grua* 84 12 04 I. Row., 09111. Tim. Oahe 89 12 18 !owl Prior Modtve Senlab f. Foreign Sinvice s. s.... s..r.i•. , IS. DECORATIONS. MEDALS. IADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED (411Poriad4 of Remits) SHARPSHOOTER (M-16)//NA (HAND GRENADE)//SHARPSHOOTER (TOW GUNNER)//ARMY SERVICE • IBBON//NOTHING FOLLCWS IA. MILITARY EDUCATION (Cour'', TWA, number weeks. and month and year complied) NOTHING FOLLOWS IS. 16 . HIGH SCHOOL GRADUATE OR EQUIVALENT ALUM/a CONTRIBUTED TO POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE PROGRAM YES NO YES 17. DAYS ACCRUED LEAVE PAID 4 NO It REMARKS NOTHING FOLLOWS r9. MAILING ADDRESS AFTER SEPARATION 20. MEMBER REQUESTS COPY 6 BE BROOKHAVEN MS 39601 SENT TO mg AFFAIRS I. i NATURE OF MEMBER BEING SEPARATED NA 22. TYPED NAME. GRAD AUTHORIZED TO SIG ROBER I SfelIf4/,0~19141111/41 0ei • QTR. OF VET ❑ NO [a YES Or iCIA D. KASSON, CPT, AEC, Asst AG MEMBER •1 • •• • ;• • • , • • ••' .1, •• • `- . a ••• ••. LT. CLEMMONS' evidence filed and served upon the courts under a certified and approved "Public" Subpoena for records under United States Open Records Request & FOIA ,I " ••• , •• Pages 7 of 49 9 Request for Taxpayer identification Number and Certification Form W (Rev. October 2007; Department of the Treacurr ireemal Revenue Service Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your mcorne tax return) Buartess name, it different from above Check appropriate box: ❑ 1ndiyiduai/Sole proprietor 0 Corporation 0 Partnership ❑ Limited liability company. Enter the tax ciassification (0=disregarded entity, C=corporation. Rvipartnership) ► 0 Exempt Payee Other (see instnictions) ► Address inurntxx, street, and apt or suite no.) Requester's name and address (optional) City, state. anti ZIP code w L List account number(s) here (optional) axpayer Ittentitication Number ...... ;Social security number Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is or your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. It the account is in more than one name, see the chart on page 4 for guidelines on whose I Employer identification number number to enter. Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IPA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person Date ► ► Definition of a U.S. person. For federal tax purposes, you are General Instructions considered a U.S. person if you are: Section references are to the Internal Revenue Code unless otherwise noted. • An individual who is a U.S. citizen or U.S. resident alien, Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners share of income from such business. Further, in certa:n cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S owner of a disregarded entity and not the entity, Cat. No. 10231x Form W-9 (Bev. 10-2007) Paye 2 Form W-9 (Rev. 10-2007) • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships on page 1. Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to cnminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Name Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social seemly card. and your new last name. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester. 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details). 3. The IRS tells the requester that you furnished an incorrect TIN, If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your Income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). Check the "Limited liability company" box only and enter the appropriate code for the tax classification ("0" for disregarded entity, "C" for corporation, "P" for partnership) in the space provided. For a single-member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. For an LLC classified as a partnership or a corporation, enter the LLC's name on the "Name" line and any business, trade. or DBA name on the "Business name" line. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the came shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" fine. Note. You are requested to check the appropriate box for your status (individual/sale proprietor, corporation, etc.). Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box in the line following the business name, sign and date the form. Form W - 9 (Rev. 10 - 2000 Page Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding. you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(0(2), 2, The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of Issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a). 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above. 1 through 15. IF the payment is for ... THEN the payment is exempt for ... 3 Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer identification number ((TIN). Enter it in the social security number box. If you do riot have an (TIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited liability company (LW) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN. apply for one immediately. To apply for an SSN, get Form SS-5. Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an MN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (FIN) under Starting a Business You can get Forms W-7 and SS-4 from the IRS by visiting www.irs.gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees 1 through 73. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt payees, see Exempt Payee on page 2. Signature requirements. Complete the certification as indicated Barter exchange transactions and patronage dividends Exempt payees 1 through 5 in 1 through 5 below. Payments over $600 required to be reported and direct sales over $5,000 Generally, exempt payees 1 through 7 See Form 1099 - MISC Miscellaneous ncome. and as instructions. However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(1), even if the attorney s a corporation) and reportable on Form 1099-MISC are not exempt from Packtip withholding: medical and health care payments. attorneys' fees. and payments for services paid by a federal executive agency. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Form W-9 (Rev. 10.2007) Pagu 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you r acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester Give name and SSN of: For this type of account: 1. Individual 2. Two or more individuals (joint account) The individual The actual owner of the account or, if combined funds, the first individual on the account' 3. Custodian account of a minor (Uniform Gift to Minors Act) 4 a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or disregarded entity owned by an individual The minor' The grantor-trustee ' The actual owner ' The owner' Give name and EIN of: For this type of account 6. Disregarded entity not owned by an individual 7. A valid trust, estate, Of pension trust 8. Corporate or LLC electing Corporate status on Form 8832 9. Association, club. religious. charitable, educational. or other tax-exempt organization 10. Partnership or multi-member LLC The owner 11. A broker or registered nominee 12. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school, district, or prison) that receives agricultural program payments The broker or nominee The public entity Legal entity ' The corporation The organization Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN). or other identifying information. without your permission. to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. Call the IRS at 1-800-829-1040 if you think your identity has been used inappropriately for tax purposes. Victims of identity theft who are experiencing economic harm Or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels. may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emaits or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business mails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card. bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov . You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spameuce.gov or contact them at www.consumer.govfidtheft or 1-877-IDTHEFT(438-4338). Visit the IRS website at www.irs.gov to learn more about identity theft and how to reduce your risk. The partnership List first and eittio al.:, name of iho person whose number you furnish. It anis one person on a Joint aecount has an SSN, that person's !loot.' Mu u1 tx (,004710(1, ' 4 Circle the ' ,Shure nu, * aril furvan the miner's SSN You most show your individua: woe and you May also enter your business or - OCIA" name on the second name lies. You may use either your SSN or SiN fif yea have one). but tne IRS encourages you to use your SSN. ' List first and hirnie the name of the thist, estate or pension trust, {Do not furnish the TIN of the Personal ratirestaaataa pr truelee unless trio *gat entity aseil it not oesionsted in me aeon:int Wig.) Also see Specs,' Ivies fr., panne/7010;a or! page 1. Note. If no name is circled when more than one name is listed. the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons wno must the information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation Of debt, Or contributions you made to an IRA, or Archer MSA or NSA. The IRS uses the numbers for identification purposes and to help verity the accuracy Of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, Sates, the District of COlumaa, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer Certain penalties may also apply.