Posted on 07/29/2004 9:18:37 PM PDT by republican4ever
This is a PDF...
DD 214 shows 17 Feb 72 terminal date of Reserve Obligation.
http://www.johnkerry.com/pdf/jkmilservice/DD214.pdf
Kerry's anti war activities were doing this period!
Following by R. Scott
http://www.freerepublic.com/focus/f-news/1181564/posts?page=16#16
The following is an excerpt from the Uniform Code of Military Justice, the additional set of federal law that is applicable to military personnel.
802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(a) The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they are required by the terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipman.
(3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal Service.
(4) Retired members of a regular component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component who are receiving hospitalization from an armed force.
(6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.
(7) Persons in custody of the armed forces serving a sentence imposed by a court-martial.
(8) Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces. (9) Prisoners of war in custody of the armed forces.
(10) In time of war, persons serving with or accompanying an armed force in the field.
(11) Subject to any treaty or agreement which the United States is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(12) Subject to any treaty or agreement t which the United States is or may be a party to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
Hanoi John was clearly subject to the UCMJ.
881. ART. 81. CONSPIRACY
Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
If any - and many claimed to be - of the supposed veterans were in fact veterans and in a reserve status Hanoi John would be liable to this article.
888. ART. 88. CONTEMPT TOWARD OFFICIALS
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
Check out the speeches he made while leading the VVAW
892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION
Any person subject to this chapter who--
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
Hanoi John clearly violated standing orders when he endangered his boat and crew in the action for which he was given the Silver Star.
904. ART. 104. AIDING THE ENEMY
Any person who--
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or [protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct.
or holds any intercourse with the enemy - by his own admission when he met with the North Vietnamese deligation in Paris (illegally both under he UCMJ and US Code).
917. ART. 117. PROVOKING SPEECHES OR GESTURES
Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct.
Again, his speeches as leader of the VVAW.
933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
Self explanatory.
934. ART. 134. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
Self explanatory.
BTTT!!!!!!!
Thanks for the information!
I think you might have wanted to address your post to "Middle aged white Male"...he was the one who didn't know
Good stuff. So, is there a statute of limitations for UCMJ prosecution?
Thanks for the info...
By the time "Unfit for Command" comes out there will be so much info on the traitor that he might just implode!!!
Don't forget to pre-order your copy, everyone!!!
It was #2 on Amazom.com yesterday.
Ping.
"Good stuff. So, is there a statute of limitations for UCMJ prosecution?"
Can you check with your legal contacts??
Thank YOU for your service to our country.
The Gunny was NOT in country because he was trying to become the 'next JFK to be President'.
Semper Fidelis and thanks to all who served our country with honor, (no, Hanoi John, you are NOT in the group!).
Well you and I both know what Kerry was all about.
As soon as he found out that he was going to actually be in combat, he did all he could to get out of there. And the 3 PH rule(which I nor anyone I know knew about until the Kerry case became known last year) was Kerry's out!
What do you think about the point I made earlier regarding it taking almost 3 months for Kerry to get someone to sign him off on the first PH??? Was this guy desperate or what...he wanted out of Nam in the worst way.
S/F
Kelly
"So, is there a statute of limitations for UCMJ prosecution?"
I'm not a legal expert.
Maybe this is why he has a trial lawyer as a VP candidate. LOL
http://www.constitution.org/mil/ucmj19970615.htm
* 843. ART. 43. STATUTE OF LIMITATIONS
(a) A person charged with absence without leave or missing movement in time of war, or with any offense punishable by death, may be tried at any time without limitation.
(b)
(1) Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court- martial jurisdiction over the command.
(2) A person charged with an offense is not liable to be punished under section 815 of this title (article 15) if the offense was committed more than two years before the imposition of punishment.
(c) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section (article).
(d) Periods in which the accused was absent from territory in which the United States has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
(e) For an offense the trial of which in time of war is certified to the President by the Secretary concerned to be detrimental to the prosecution of the war or inimical to the national security, the period of limitation prescribed in this article is extended to six months after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress.
(f) When the United States is at war, the running of any statute of limitations applicable to any offense under this chapter--
(1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not;
(2) committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States; or
(3) committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency;
is suspended until three years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress.
*(g)
(1) If charges or specifications are dismissed or insufficient for any cause and the period prescribed by the applicable statute of limitations--
(A) has expired; or
(B) will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not bared by the statute of limitations if the conditions specified in paragraph (2) are met.
(2) The conditions referred to in paragraph (1) are that the new charges and specifications must--
(A) be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after dismissal of the charges or specifications; and
(B) allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications).
Wondering how many people will catch that and understand the import of it.
I don't know about a statute of limitations, but my husband tells me Reagan granted a blanket amnesty to the viet nam war protestors, and it may cover kerry's treason. I don't offer this as a proven fact, as he's just speculating, (& I know nothing of such things), but maybe some other FReepers could offer some insight into this. I think kerry should be prosecuted for his crimes, but I really don't think he ever will be.
Nobody would have preferred charges during that time. Though a literal reading of the UCMJ would support them.
Actually, I have no idea of how long it took for the REMFs to process paperwork... The ONLY paperwork I was interested in, was my ticket back to the world...
Since Kerry was in-country only a little over 4 months -- he must have been on a tight schedule to get ALL three PHs "approved" and exercised his right to go home..
Ditto -- I had never heard that three PHs would get you a ticket home...
I suspect a lot of brothers died that didn't have to -- had they known and exercised the option..
Semper Fi
My commitment to supporting a U.S. military that is second to none is rooted in my service in the Navy during Vietnam, commanding a swift boat in the Mekong Delta. My two tours in Vietnam gave me a firsthand understanding of the sacrifice and courage of those who have served and fought to defend our country.
He wasn't even there long enough for one tour!
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