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To: supercat
If Kerry is indicted now, Bush loses.

Did you read the petition?:

"Be it known, however, that on 03 November, we will seek full recourse in an effort to have John Kerry prosecuted for acts of treason and disqualified from any future campaign for any national office."

197 posted on 10/18/2004 10:22:13 AM PDT by AWestCoaster
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To: All

May or may not be relevant:

eight court cases (circuit level) citing 1162 or 1163, and all involved officers canned for cause -- sexual misconduct, subversion, etc..

Sims v. Fox, 505 F.2d 857 (5th Cir. 12/30/1974) -- officer discharged for indecent exposure, court holds that under 1162 he serves at pleasure of President & has no property right to post. Interesting note with regard air force: "The exact terms of the discharge are important. At the time Sims was notified of his prospective discharge and at the time the Panel heard Sims' appeal, Air Force regulations provided that the discharge certificate (DD Form 214) would contain a code*fn3 which, upon inquiry, would reveal that Sims was discharged because of "fail[ure] to meet the standards of conduct and performance prescribed by the Secretary of the Air Force",*fn4 and would further reveal that the discharge was related to Sims' "unfitness, unacceptable conduct or in the interest of national security."*.... Since the rendition of the panel decision, there has been a significant change in Air Force regulations. They now provide that the code explaining the reason for discharge will not be put on the discharge certificate.*fn6 The certificate "on its face" does not reveal the reason for discharge. Furthermore, the regulations specify that narrative reasons for discharge can be obtained only by a former "member furnish[ing] the original DD Form 214 for the period of service for which he desires the narrative reasons for separation".*fn7 As explained by Air Force correspondence, "narrative reasons for separation are to be furnished only to the member and then only upon his request and provided the member can furnish the original DD Form 214."

I assume Navy regulations must mirror this as well, since the overall authority is DOD regulations promulgated to the services.

The question I still have is: DD214 required when transferring from Ready Reserve to Standby Reserve?????

- Chief


198 posted on 10/18/2004 11:47:04 AM PDT by The Real NavyChief
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