Was Lt. Kerry AWOL from the Ready Reserve?

Winter Soldier ^ | August 30, 2004 | Winter Soldier

[AndyJackson]

You are reading rules related to the Selected Reserve. The selected reserve consists of those folks who have a voluntary or statutory drilling obligation and are being paid to drill. Kerry was not in the Selected reserve.

Believe me - as a retired O6 in the reserves - the rules and organization of the Naval Reserve are quite complex. Don't surmise what you don't know.

[68-69TonkinGulfYachtClub]

Kerry's disrespect in 1971 to USA Symbols Video

Windows Media .......... Real Player .......... Quick Time .......... AOL

Ramsey Clark to Join Panel for Saddam’s Defense
arabnews press release 25 August 2004
NOTE :
Ramsey Clark is pictured below with Kerry and
Vietnam phony vet Al Hubbard
Who was head of the
Vietnam Veterans Against the War movement.


Al Hubbard Sgt., 22 Troop Carrier Squadron Aug. ’65-June ’66
- Al Hubbard, proven fraud who never set foot in Viet Nam.
The only Vietnamese he ever met was
when he was collaborating with the North Vietnamese in Paris
on the American Communist Party's nickel.

John Kerry's explanation:
"He (Hubbard) simply exaggarated his particular position.
But nobody knew it at the time. And those things happen."

Free online version of
Kerry's "The New Soldier"
You can read it without downloading pdf files!
CLICK HERE

PHOTO GALLERY ONLY
CLICK HERE

The New Soldier, (46 pages)
By John Kerry
and Vietnam Veterans
Against the War
FREE E-BOOK
IN PDF FORMAT
WITH PHOTOS


Kerry hopes everyone
in the USA gets this book!

NEW:
“Without question,
we were held captive longer
because of the anti-war people,
the Kerrys, the Fondas and Haydens,
the names we knew over there -
they encouraged the enemy to hang on.”
Excerpt from “Stolen Honor” website
- Leo Thorsness
Former Vietnam POW
CLICK HERE

Jane Fonda tells the student audience at the Michigan State University in 1969;
"I would think that if you understood what communism was, you would hope,
you would pray on your knees, that we would someday become communist."

Joe Moore, Can Tho Airfield 550th Signal Company

Copy and paste the links to everyone you know.

Kerry's disrespect in 1971
to USA Symbols Video

Windows Media
http://swift3.he.net/~swift3/medals.wmv

Real Player
http://swift3.he.net/~swift3/medals.rm

Quick Time
http://swift3.he.net/~swift3/medals.mov

AOL
http://swift3.he.net/~swift3/medals.mpg

Send this url for the online "The New Soldier" version

http://ejsmithweb.com/fr/newsoldier/

Send this url for the online photo gallery of "The New Soldier"

http://freekerrybook.com/photo0

Send this url for the Stolen Honor website

http://www.stolenhonor.com/

Print this out (46 pages) and disribute it,
especially to the liberals you know.

http://freekerrybook.com/

[Vn_survivor_67-68]

ART. 3. JURISDICTION TO TRY CERTAIN PERSONNEL
(a) Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United States or of a State, a Territory, or District of Columbia, may be relieved from amenability to trial by court-martial by reason of the termination of that status.
(b) Each person discharged from the armed forces who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to trial by court-martial for all offense under this chapter committed before the fraudulent discharge
(c) No person who has deserted from the armed forces may be relieved form amenability to the jurisdiction of this chapter by virtue of separation from any later period of service.
(d) A member of a reserve component who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

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).

[AndyJackson]

I read it already and waving it my face proves nothing. If you have a point make it. I don't see how any of this applies to Kerry in an inactive reserve status.

[lilylangtree]

Ketchupman AWOL? Made me a believer given that he's already a traitor.

[jwalsh07]

How did Kerry end up with a 12 year obligation?

[AndyJackson]

He was not AWOL. I ain't here defending Kerry, but he had no obligation to drill. It was and is the law.

[Dante3]

bttt

[AndyJackson]

He didn't. He had a 6 year obligation upon acceptance of his commission as a reserve officer (unless you graduate from the Naval Academy your original appointment, even serving on active duty, is in the Naval Reserve). Once commissioned you hold your commission until you resign your commission. I would guess he did not resign his commission for a long time, probably having forgotten all about it.

[Vn_survivor_67-68]

the point.......art 3 (a).....an offense punishable by death

Treason

The door is WIDE OPEN for kerry to have been or to be in a Military Court.

(I must admit that I agree with you about the AWOL theory.....kerry's unusual length ond circumstances of membership is a mystery, and it could possibly be related to article 3 offense(s))

[AndyJackson]

What part of not being in a duty status when he allegedly committed treason do you not understand?

[Paulus Invictus]

Good job crush! How in the world can you get this info into the MSM? Is there any hope that could happen? It is so frustrating to see the facts ignored all the time by the bigs. The MSM are still wondering daily about Bush's record in Alabama, but nary a word about Kerry's absence while still on duty as a reservist.

[Vn_survivor_67-68]

"What part of not being in a duty status when he allegedly committed treason do you not understand?"

Art 3 (a) trunps the above.

(unless you can show that he resigned his commission prior to 1978 or whenever the actual truth is re: his final discharge)

[AndyJackson]

The cited article relates to the statute of limitations. First, however, you have to have jurisdiction, and the UCMJ does not confer jurisdiction over acts committed in civilian status.

[AndyJackson]

Is there any hope that could happen?

You better hope that they don't because this is wrong. Get Kerry on things he really did, not things that you would like to imagine are illegal but are not.

[Vn_survivor_67-68]

slight correction......Article 43 (a), not 3 (a)

[Vn_survivor_67-68]

You are trying to make me believe that a commissioned officer of the United States is allowed to commit treason during a time of war, LOL.

[AndyJackson]

Article 2 of the UCMJ. 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.

....

(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.

------------------------------------------------------------

Kerry was not on inactive-duty training.

[AndyJackson]

You are trying to make me believe that a commissioned officer of the United States is allowed to commit treason during a time of war, LOL.

This is not an argument about legality, but about jurisdiction. Upon discharge he was not subject to the UCMJ. Treason is prohibited to all citizens under other federal statute.

[Vn_survivor_67-68]

ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(a) The following persons are subject to this chapter:

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Art 2 (d) (1) states:

(d)(1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-
(A) investigation under section 832 of this title (article 32);
(B) trial by court-martial; or

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Hey, look.......it says what it says....whether you like it or not.