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To: Polybius; Bob
For those of you who are curious, the issues of jurisdiction under the UCMJ is established in Article 2 - Persons subject to this chapter

Specifically it provides:

(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 a member of the individual ready reserve but was never on inactive-duty training.

26 posted on 09/04/2004 11:39:33 AM PDT by AndyJackson
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To: AndyJackson; Polybius; Bob; All
I would like your opinion on whether there were any military regulations applicable to Kerry when he was still on active duty in October 1969 and this occurred:

John Kerry: A Navy Dove Runs for Congress

Kerry is a pilot, and on October 14 and 15 he flew Ted Kennedy's advisor Adam Walinsky by private plane throughout the State of New York so that Walinsky could give speeches against the Vietnam War. But Kerry was smart enough not to put down "Moratorium" on the Navy signout sheet for that Tuesday and Wednesday.

These demonstrations were organized by the Vietnam Moratorium Committee, identified in FBI documents as a front for the Socialist Workers Party, an organization designated by the Attorney General under Executive Order 10450, which is the E.O. invoked here:

Department of Defense DIRECTIVE: SUBJECT: Wearing of the Uniform

[SNIP]

POLICY

3.1.  The wearing of the uniform by members of the Armed Forces (including retired members and members of Reserve components) is prohibited under any of the following circumstances:

3.1.1.  At any meeting or demonstration that is a function of, or sponsored by an organization, association, movement, group, or combination of persons that the Attorney General of the United States has designated, under E.O. 10450 as amended (reference (b)), as totalitarian, fascist, communist, or subversive, or as having adopted a policy of advocating or approving the commission of acts of force or violence to deny others their rights under The Constitution of the United States, or as seeking to alter the form of Government of the United States by unconstitutional means.

[SNIP]

This specifically is prohibiting wearing of the uniform, but I'm wondering if there are any other similar regulations which might be applicable. I would be interested in opinions on this by FReepers familiar with military law.

39 posted on 09/04/2004 12:00:53 PM PDT by Fedora
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