Posted on 10/13/2004 6:31:04 AM PDT by CatoRenasci
Kerry can clear it all up by releasing all his records.
http://news.findlaw.com/hdocs/docs/jkerry/rqsthistserv.pdf
http://news.findlaw.com/hdocs/docs/jkerry/trnsfr2stndyrsrv.pdf
http://news.findlaw.com/hdocs/docs/jkerry/hondisres.pdf
I'm not Tom, I'm the one who suggested this might be a nonstory. Your experience demonstrates exactly the point I was making. Thank you.
That was the point. I sent this to Tom Lipscomb this morning after reading his article. I have been corresponding with him over the past few months.
Thanks for clarifying that. I didn't realize your post was an e-mail to Lipscomb.
You mean he will sign the 180?
If Kerry takes any cheap shots at Bush's National Guard service tonight, Bush should respond in kind.
IF all this is true, that's fine and dandy. However, in order for it to be boiled down to soundbites there's going to have to be a black and white argument. As the argument stands, it's too complicated for the electorate, and because it's complicated it will not get legs.
Yes, you are right that it's an issue for the Viet Nam vets.
I can hope you are right that others would feel the same if the issue gets more play. I'm not convinced, but would like to be.
bump
I resigned my commission in 1972 as an O-3 and was placed in the Standby Reserves. I received my Honorable Discharge on Feb 16, 1978 (same date and letter as Kerry) with no action for or against on my part and I was listed as an O-4 (LCDR). I doubt that Kerry was discharged because he was passed over. He, like myself, just went through the normal reserve administrative process, which transitions officers out of the service.
Not to worry, if uncle Ho had given skerry the communist medal of freedom there would be not a twitter from the MSM. Rest assured, neither rain, sleet, nor snow will deter the MSM from their appointed rounds of protecting and promoting treason boy.
In any event, before the boys and girls who weren't even born then go charging off with this one, these possibilities need to be examined and eliminated, unless true, in which case we should all shut up about Kerry's discharge.
I was an Army prosecutor, and I think this is way off. First of all, the repealing of 10 USC 1162 and 1163 in 1994 would obviously have no impact on anything that happened in 1972. Whatever replaced them in 1994 is totally irrelevant. What's important is whether 1162 and 1163 were in effect in 1972.
Second of all, Kerry was promoted from LTJG to full LT on Jan. 1, 1970. He asked to be released to the inactive reserve two days later. He still held a reserve commission until being discharged in 1972, and would not have come up for promotion to LCDR for at least a few years. The 1972 DD214, the smoking gun, if you will, is conspicuously absent from Kerry's website.
Third, officers are all commissioned by the President, and thus officer separations are governed by explicit USC provisions -- but these provisions are codified and fleshed out in service regulations. I'd want to see the Navy reg on officer separations before I would consider any other federal law. Nothing here is inconsistent with a 1972 OTH anyway.
Finally, involuntary separations always result in a less than honorable discharge, either a general or an OTH.
Kerry was likely asked to resign in lieu of court-martial, discharged with an OTH, then spent six years fighting with the Board of Military Corrections and Appeals to get his discharge characterization changed, accounting for the 1978 honorable discharge that was in memo format rather than on a DD214.
"Kerry was likely asked to resign in lieu of court-martial, discharged with an OTH, then spent six years fighting with the Board of Military Corrections and Appeals to get his discharge characterization changed, accounting for the 1978 honorable discharge that was in memo format rather than on a DD214."
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Makes sense. And he would want to hide this at all costs...hence no form 180.
This is simply not true. See the original post. The earlier equivalent provisions were posted in the thread. Substantively, they're the same on reservists being involuntarily separated honorably.
Correct. Kerry was a line officer and I was a Supply Officer. I had a regular commission versus Kerry's Reserve commission. Medical Officers were retained beyond the six year period. The Navy and all services were drawing down their end strength, active and reserves, after Vietnam. In fact, there was an involuntary RIF of naval officers in the early 1970s.
I agree with you that we need to be careful about running with this one. Kerry can easily knock this one out of the park and use it to discredit legitimate charges. Kerry is vulnerable in the area of his antiwar activities while still an officer in the Naval Reserves subject to recall. The revisions to his website and how he describes his service are indications that he is trying to hide his reserve status during the period 1970-2,
My point is that before this story gets ridden for all it's worth, the possibilities need to be eliminated. See kabar's posts in this thread and see the posts and www.polipundit.com
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