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Is President Bush a Deserter? How the military defines the crime.
Slate ^ | Brendan I. Koerner

Posted on 01/28/2004 6:24:05 AM PST by Hillary's Lovely Legs

Wesley Clark has been criticized for refusing to distance himself from filmmaker Michael Moore's assertion that George W. Bush, who served with the Air National Guard, is a "deserter." What is the formal definition of desertion in the military, and does it jibe with the particulars of President Bush's case?

The crime of desertion is covered in Article 85 of the Uniform Code of Military Justice. A deserter, in addition to not showing up for work, must also have the "intent to remain away therefrom permanently." In a court martial, prosecutors can demonstrate such intent by presenting evidence that the accused ditched his military uniforms, bought a bus ticket out of town, or remarked to a friend that he was never, ever heading back to base. Evidence to the contrary might include leaving behind personal property, a lengthy record of otherwise first-rate service, or testimony that the accused's absence was due to substance abuse.

During times of crisis, a soldier can be ruled a deserter even when she has not demonstrated any intent to leave permanently. A member of the armed forces who takes off "with intent to avoid hazardous duty or to shirk important service" can also be found guilty of desertion, and the punishment for abandoning one's duty during combat can include execution. (Click here for Explainer's previous take on the military death penalty.) In rare instances, a desertion court martial is also possible when someone joins another branch of the military, or a foreign army, without first being "regularly separated"—that is, free and clear—from their previous post.

As a practical matter, the military usually divides "absent without leave" cases from desertions by considering the length of the accused's time away. According to a 2002 report by the U.S. Army Research Institute, a missing soldier is considered AWOL until the 31st day of his absence, at which time his status is changed to "Dropped From Rolls," the administrative term for desertion. Few soldiers classified as DFR ever face a court martial for desertion, however; the report states that 94 percent of DFRs are simply given less-than-honorable discharges.

Strictly speaking, Moore's charge is incorrect. "Deserter" is a precise legal term reserved for those who've been court martialed and found guilty. Bush, by contrast, was honorably discharged in 1973. The question then becomes whether Bush's status should have ever been changed to the equivalent of DFR during his term with the Air National Guard, which began after his graduation from Yale in 1968.

The president's allies and critics both seem to agree that Bush's service was beyond reproach until May of 1972, when he left Houston, where he was stationed, for Alabama, to work on a Republican senatorial campaign. The sticking point is whether Bush ever reported for duty with the 187th Tactical Recon Group, based in Montgomery, Ala., as he was supposed to. Bush claims that he did indeed show up for duty, though he did not fly. (A Boston Globe investigation from 2000 quotes a campaign spokesman who said Bush performed "odds and ends" in Montgomery.) Though Bush admits to missing a few required weekends while in Alabama, he says he made up that time when he returned to Texas the following year. He received his honorable discharge in October of 1973, eight months before his scheduled discharge, so he could attend Harvard Business School.

There are conflicting accounts as to whether Bush ever really served in Alabama. The commander of the 187th Tactical Recon Group told the Globe that he has no recollection of Bush's presence. Several Bush friends, however, have insisted that they distinctly remember the president attending drills in Montgomery. The issue has become a partisan lightning rod, with organizations on both right and left offering differing takes on the commander in chief's time with the Air National Guard.

(Excerpt) Read more at slate.msn.com ...


TOPICS: News/Current Events
KEYWORDS: bush43; deserter
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To: Howlin
Heroism, and growing concern about war

On Friday, however, the National Archives provided the Globe with a Navy "instruction" document that formed the basis for Kerry's request. The instruction, titled 1300.39, says that a Naval officer who requires hospitalization on two separate occasions, or who receives three wounds "regardless of the nature of the wounds," can ask a superior officer to request a reassignment. The instruction makes clear the reassignment is not automatic. It says that the reassignment "will be determined after consideration of his physical classification for duty and on an individual basis." Because Kerry's wounds were not considered serious, his reassignment appears to have been made on an individual basis.

Moreover, the instruction makes clear that Kerry could have asked that any reassignment be waived.

The bottom line is that Kerry could have remained but he chose to seek an early transfer. He met with Horne, who agreed to forward the request, which Horne said probably ensured final approval. The Navy could not say how many other officers or sailors got a similar early release from combat, but it was unusual for anyone to have three Purple Hearts.

41 posted on 01/28/2004 8:44:20 AM PST by Mo1 (Join the dollar a day crowd now!)
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To: Mo1
"The bottom line is that Kerry could have remained but he chose to seek an early transfer."

My understanding is that one of the wounds caused him to miss two days duty and the other two were mere scratches. So he requested and received a return to the states after only 4 months in-country. I'd be willing to bet he wrote himself up for the Silver Star as did LBJ. I hope this crap comes out before November. I served 12 months in Vietnam which is 33% more than Gore and Kerry combined.

42 posted on 01/28/2004 11:09:18 AM PST by Jaxter ("Vivit Post Funera Virtus")
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To: Jaxter
more from that link

Kerry declined a request from the Globe to sign a waiver authorizing the release of military documents that are covered under the Privacy Act and that might shed more light on the extent of the treatment Kerry needed as a result of the wounds.

43 posted on 01/28/2004 11:13:22 AM PST by Mo1 (Join the dollar a day crowd now!)
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To: Howlin
BTW .. I have a question

Didn't Edwards say he was too young to serve in the war back then?
44 posted on 01/28/2004 11:16:41 AM PST by Mo1 (Join the dollar a day crowd now!)
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To: Mo1
Yes.
45 posted on 01/28/2004 11:25:48 AM PST by Howlin
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To: Howlin; Mo1
Hmm...he's the same age as my veteran husband. My husband wasn't in Viet Nam, per se, but was in US Navy planes making drops over Viet Nam, and definitely during the war.
46 posted on 01/28/2004 11:29:09 AM PST by EllaMinnow (If you want to send a message, call Western Union.)
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To: Hillary's Lovely Legs
Kerry gave comfort to the enemy in Nam while our boys were being killed, as per John McCain.Kerry and Hanoi Jane were protesting the War, and loving the Commies, Oh well George W is a hero compared to Kerry the Traitor.

OPs4 God BLess America!
47 posted on 01/28/2004 11:35:10 AM PST by OPS4
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To: Howlin
Correct me if I am wrong ... but It's my understanding that the draft ended in 1973

Edwards was 20 yr. old in 1973
48 posted on 01/28/2004 11:37:16 AM PST by Mo1 (Join the dollar a day crowd now!)
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To: redlipstick
Hmm...he's the same age as my veteran husband. My husband wasn't in Viet Nam, per se

Yes, he's the same age as my older brother .. he wasn't in Viet Nam either .. but he was in the Marines

49 posted on 01/28/2004 11:39:38 AM PST by Mo1 (Join the dollar a day crowd now!)
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To: Mo1
I think Mr. Edwards will have a little 'splainin' to do.
50 posted on 01/28/2004 11:42:06 AM PST by EllaMinnow (If you want to send a message, call Western Union.)
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To: redlipstick
but was in US Navy planes making drops over Viet Nam

Your husnad may not have be on the ground over there .. but it sounds like he is a Vietnam Vet to me

Please tell him I said thank you for his service

51 posted on 01/28/2004 11:43:12 AM PST by Mo1 (Join the dollar a day crowd now!)
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To: redlipstick
Sounds like it to me
52 posted on 01/28/2004 11:43:46 AM PST by Mo1 (Join the dollar a day crowd now!)
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To: redlipstick
Your husnad may not have be on the ground over there

And in English that ment ... Your husband may not have been on the ground over there

NOTE TO SELF: preview can be your friend

53 posted on 01/28/2004 11:46:43 AM PST by Mo1 (Join the dollar a day crowd now!)
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To: Mo1
Yes - he wasn't on the ground. He's always careful to refer to himself as a "Vietnam Era veteran" instead of a "Vietnam Veteran" since he wasn't really "in country."

He wasn't drafted, but enlisted at 18 or 19 - even though the draft was still in effect, and left college for the Navy.

Betcha Edwards got a student deferment.
54 posted on 01/28/2004 11:52:25 AM PST by EllaMinnow (If you want to send a message, call Western Union.)
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To: redlipstick
Betcha Edwards got a student deferment

Betcha he did too

Which is TOTALLY different from saying he was too young to serve

55 posted on 01/28/2004 12:06:02 PM PST by Mo1 (Join the dollar a day crowd now!)
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To: Mo1
Exactly.

I bet he LOVED it when Kerry made the "diapers" remark.
56 posted on 01/28/2004 12:07:31 PM PST by EllaMinnow (If you want to send a message, call Western Union.)
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To: redlipstick
Yep .. which explains why he didn't make a big deal out of Kerry's comments too
57 posted on 01/28/2004 12:31:43 PM PST by Mo1 (Join the dollar a day crowd now!)
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