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Navy:Undesirable/General Discharges for Civilian Misconduct While on Inactive Duty Reserve Status
SECNAVINST 5420.174C ^ | 17 Oct 2004 | Original Freeper Research

Posted on 10/17/2004 11:26:05 AM PDT by Polybius

Until now, it has been the conventional wisdom of former military Freepers, including myself, that any misconduct committed by John Kerry while a civilian in an inactive duty status while still a member of the U.S. Naval Reserves would have had no impact on his discharge status.

I, along with others, believed that, after release from active duty but while still a member of the Naval Reserve, Kerry could only have been held accountable for misconduct while on active duty for training or for previous misconduct committed prior to his release from active duty.

Well, we have all been proven wrong.

On 4 September 2004, I wrote and posted an essay documenting how the John Kerry Official web page had succeeded in deceiving the news media into believing that John Kerry had been “honorably discharged prior to joining Vietnam Veterans Against the War”.

Kerry Deceives News Media About His Navy Discharge on JohnKerry.com

The fact of the matter is that John Kerry still had Ready Reserve and Inactive Reserve obligated service after his January 1970 release from active duty date and was not even eligible for discharge until 16 December 1972.

The Honorable Discharge Kerry received, however, was dated 16 February 1978, during the Carter Administration.

Today, I received Post 155 on that thread from Freeper “rolling_stone” which included a link to Secretary of the Navy Instruction SECNAVINST 5420.174C whose subject is: Review at the Level of the Navy Department of Discharges from the Naval Service.

SECNAVINST 5420.174C

Section 9-1 of SECNAVINST 5420.174C has an extremely important piece of information:

**************************************

“d. The following applies to applicants who received less than fully honorable administrative discharges because of their civilian misconduct while in an inactive duty status in a reserve component and who were discharged or had their discharge reviewed on or after April 20, 1971: the NDRB shall either re characterize the discharge to Honorable without any additional proceedings or additional proceedings shall be conducted in accordance with the Court’s Order of December 3, 1981, in Wood v. Secretary of Defense to determine whether proper grounds exist for the issuance of a less than honorable discharge, taking into account that:

(1) An other than honorable (formerly undesirable) discharge for an inactive duty reservist can only be based upon civilian misconduct found to have affected directly the performance of military duties;

(2) A general discharge for an inactive duty reservist can only be based upon civilian misconduct found to have had an adverse impact on the overall effectiveness of the military, including military morale and efficiency.

**************************************

There it is, Freepers and all you lurking bloggers and journalists.

Kerry could have received a general discharge as an inactive duty reservist based upon “civilian misconduct found to have had an adverse impact on the overall effectiveness of the military, including military morale and efficiency.”

Kerry could have received an other than honorable (formerly undesirable) discharge as an inactive duty reservist based upon “civilian misconduct found to have affected directly the performance of military duties;.”

Thank you to “rolling_stone” for finding SECNAVINST 5420.174C.


TOPICS: Front Page News; Your Opinion/Questions
KEYWORDS: discharge; dishonorable; kerrorist; kerry; lurch; subliberal
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To: Congressman Billybob
When Kerry gave his "war crimes" testimony before Congress, and also when he met with the Viet Cong and North Vietnamese representatives in Paris, he was NOT a civilian. However inactive his service status was, he was still enlisted in the US Navy as his commitment was not completed. So his actions in those two instances WERE subject to the UCMJ.

Would it be possible that Kerry requested, and received, a less-than-honorable discharge from a Navy that was more than happy to be rid of him, before going to Viet Nam? I'm not saying he'd actually do that, but if he did I would think that would make his Vietnam trip legal.

61 posted on 10/17/2004 12:55:39 PM PDT by supercat (If Kerry becomes President, nothing bad will happen for which he won't have an excuse.)
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To: prairiebreeze
If it hasn't been suggested already, Thomas Lipscomb (sp?) at the NY Sun might be interested to see this. Prairie

Do you have an e-mail address for him?

62 posted on 10/17/2004 12:56:47 PM PDT by Polybius
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To: All

Thomas Lipscomb needs to know this. He wrote a good article about questions concerning Kerry's discharge, but not all the pieces fit and some allegations have been challenged by even Bush supporters. We need a smoking gun....something that proves he was put under review specifically due to something regarding his behavior, that is was not just some mass routine review, but due to Kerry's actions.

This may pave the way to getting to that if true since the document refers to what occurred to anyone during the Vietnam era that had their discharge reviewed due to behavior. We need to see if this is the type of review that Kerry went through, something an investigative journalist could help determine.

Here is how to reach Lipscomb:

tom@digitalfuture.org

and/or if that doesn't work...don't hit this one first:

tomlipscomb@MINDSPRING.COM


63 posted on 10/17/2004 12:57:04 PM PDT by rwfromkansas (BYPASS FORCED WEB REGISTRATION! **** http://www.bugmenot.com ****)
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To: Polybius
The link to SECNAVINST 5420.174C opens a document dated 22 August 1984. How would this be relevant to Kerry's 1970 separation, his 1970s reserve status, and his 1978 discharge?

Because this particular SECNAV Instruction dealt with the reviewed of General and Undesirable Discharges issued during the Vietnam era.

QUOTE:

"The following applies to applicants who received less than fully honorable administrative discharges because of their civilian misconduct while in an inactive duty status in a reserve component and who were discharged or had their discharge reviewed on or after April 20, 1971"

Tell me how a 1984 instruction can go back in time and affect a 1978 discharge already characterized as honorable.

Are you claiming that Kerry did not receive an honorable discharge in 1978 (he does have a cover letter from the Navy saying he did)? (I'm not saying anything about discharge(s) he might have received before 1978.)
64 posted on 10/17/2004 12:58:07 PM PDT by Mike Fieschko (Oh, and Dick Cheney too.)
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To: Polybius

will try to obtain


65 posted on 10/17/2004 12:58:15 PM PDT by prairiebreeze (John F. Kerry. Wrong war? WRONG MAN!!)
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To: Go Gordon

It must have been a quick romance; he was only there for four months and spent most of those in Cambodia IIRC. (:-)


66 posted on 10/17/2004 1:00:26 PM PDT by lancer (If you are not with us, you are against us!)
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To: Polybius

Well, this is probably it then. Good work.


67 posted on 10/17/2004 1:02:25 PM PDT by Truth Table
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To: Polybius
"The following applies to applicants who received less than fully honorable administrative discharges because of their civilian misconduct while in an inactive duty status in a reserve component and who were discharged or had their discharge reviewed on or after April 20, 1971"

This sounds like it was written just for J sKerry...

68 posted on 10/17/2004 1:02:50 PM PDT by tubebender (If I had known I would live this long I would have taken better care of myself...)
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To: FairOpinion

Very interesting. F'in skerry is a traitor....


69 posted on 10/17/2004 1:04:06 PM PDT by shield (The Greatest Scientific Discoveries of the Century Reveal God!!!! by Dr. H. Ross, Astrophysicist)
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To: Polybius

post 63, if you didnt see it


70 posted on 10/17/2004 1:05:18 PM PDT by prairiebreeze (John F. Kerry. Wrong war? WRONG MAN!!)
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To: Petronski
Question; Kerry seems to have some legal hold placed upon him by the Navy under existing UCMJ or Federal laws at the time he was to be discharged, having completed his contract with the Navy.

Does the Carter clemency deny further investigation or prosecution for acts committed by Kerry during his contractual service period that were not related to evading or fleeing military obligations?

I suspect charges were brought against Kerry other than those covered by Carter's blanket clemency.

71 posted on 10/17/2004 1:08:54 PM PDT by BIGLOOK (I once opposed keelhauling but have recently come to my senses.)
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To: Congressman Billybob
However inactive his service status was, he was still enlisted in the US Navy as his commitment was not completed. So his actions in those two instances WERE subject to the UCMJ.

Sorry my friend, but you can look up the jurisdiction of the UCMJ. The acts of inactive reserve personnel, not in a duty status (covered by inactive duty for training orders) are not covered. Also, to put a fine point on it, Kerry was not enlisted. He was a commissioned officer, which is a different thing altogher, though not particularly relevant to this case.

72 posted on 10/17/2004 1:11:15 PM PDT by AndyJackson
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To: Eastbound

He got his honorable discharge in 1978, under Carter.

He became Seantor in 1985, and he got his citations reissued, which presumably lost, when he was dishonorably discharged in 1972.


73 posted on 10/17/2004 1:13:36 PM PDT by FairOpinion (FIGHT TERRORISM! VOTE BUSH/CHENEY 2004.)
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To: 68-69TonkinGulfYachtClub

Thanks for the ping!


74 posted on 10/17/2004 1:18:17 PM PDT by Alamo-Girl
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To: FairOpinion

BUMP to the top!


75 posted on 10/17/2004 1:18:37 PM PDT by PatriotGirl827 (God Bless America!)
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To: AndyJackson

my strong suspicion is a revelation on Kerry's military status and his cover up of same may just be one of those October surprises, though we only got what, two weeks to go, you can see that slowly but surely the issue is being broadcast and discussed, albeit in mostly the "new" media, but I see a trend......leading up to a crescendo? for example, John O Neill brought it up for the first time in his statement to ABC News......too bad no one in the Mainstream media is picking up on it, I mean if Judith Miller is risking Jail on another story....hmmmmm

but let's face it it would be particularly damning since the DNC et al have been acting like pit bulls on the Bush Guard story and I strongly suspect Kerry's offences make the Bush Guard Story pale in comparision

for example someone made a great point, someone who had committed treason isn't eligible to run for the office of President, as far as I am concerned Kerry admitted to committing treason


76 posted on 10/17/2004 1:18:55 PM PDT by llama hunter
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To: Polybius

Thanks for the ping.


77 posted on 10/17/2004 1:19:33 PM PDT by kabar
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To: dilpo

Send this to Thomas Lipscomb......e-mail in another post on this thread.


78 posted on 10/17/2004 1:20:41 PM PDT by rwfromkansas (BYPASS FORCED WEB REGISTRATION! **** http://www.bugmenot.com ****)
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To: All

What does everybody think of post 46?


79 posted on 10/17/2004 1:20:56 PM PDT by rwfromkansas (BYPASS FORCED WEB REGISTRATION! **** http://www.bugmenot.com ****)
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To: Polybius

"< Indignant Kerry Voice> "ARE YOU QUESTIONING MY PATRIOTISM?!?!?" < /Indignant Kerry Voice>"

actually, well, YES

if the shoe fits, wear it

BTW, good post, Polybius and

BUMP


80 posted on 10/17/2004 1:21:52 PM PDT by AMDG&BVMH
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