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To: BigKahuna

Would there be any equivalent to a civil or criminal docket book that the BCNR keeps that would list the officers who would have heard this review?

Are the results of these hearings sealed? Or would the docket be a matter of public record like with a civil or criminal case in state or federal court?

Would there be any way to figure out where this review is held?


422 posted on 10/13/2004 1:35:27 AM PDT by GAGOPSWEEPTOVICTORY
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To: GAGOPSWEEPTOVICTORY

BCNR results are generally not subject to "sunshine" or public review for the reason that the characterization of a servicemember's service is basically changed, and the clock is turned back as if nothing had happened to affect it in the first place. Would would be the point of giving him or her a new leaf, if the old leaf was still out there, fluttering around? ;-)

It's almost like a juvenile, who has a record, and who has it expunged upon turning 18. Those proceedings are also not subject to FOIA requests.

It's going to be very hard to shake loose any records existing on this proceeding, if in fact he had a formal hearing and was not just "rubber-stamped" as a result of the Carter blanket amnesty.


427 posted on 10/13/2004 1:41:44 AM PDT by BigKahuna
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To: GAGOPSWEEPTOVICTORY

Also, one can go back at the sections cited in Kerry's discharge letter (United States Code) and look them up on the internet and read what they pertain to.

I think that USC 1552 pertains to the BCNR's statutory authority, and the other ones cited in the letter would give you an idea of the reason behind his discharge taking place in 1978 vice the early 70's, as it should have been.


434 posted on 10/13/2004 1:46:43 AM PDT by BigKahuna
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