Posted on 10/28/2004 11:17:27 AM PDT by tazannie
A dishonorable discharge would mean little to the AnyBoduButBush crowd, although it might sway some of the less ardent supporters.
WOW! I almost didn't post this because I thought everyone would be "discharged out".
If only we could find someone with a real document. I can dream.
From Swiftvets site:
Mark F. Sullivan
Sullivan Sottile & Taketa
Westlake Village, California
818-889-1177 (Phone)
http://www.sstlawfirm.com/attorneys.htm#MFS
Mr. Sullivan is a long-time member and past president of the California Employment Law Council and is a frequent employment law lecturer to lawyers and human resource specialists. Mr. Sullivan is also active in the U.S. Naval Reserve Judge Advocate General's Corps. He has served as the Assistant Special Counsel to the Secretary of the Navy and recently supervised the Hawaii - California region of the Naval Reserve Law Program. Mr. Sullivan graduated summa cum laude, and Phi Beta Kappa, from Georgetown University, receiving the highest academic average in his Class of 1969. Mr. Sullivan graduated cum laude, from the University of Michigan Law School in 1972. Mr. Sullivan is a member of the State Bar of California, the Los Angeles County Bar Association, the Ventura County Bar Association, the Hawaii Bar Association, the State Bar of Michigan, the North Carolina State Bar and the Association of Navy & Marine Corps Judge Advocates
http://www2.swiftvets.com/phpBB2/viewtopic.php?t=14954
Urgent - Navy Chief needs help
I hear ya, but time's running out.
Reservists could be removed from the Navy without a Court Martial according to the regulations at the time. Sure, reservists can be sent home for lots of reasons, but not with a DD unless you convene that court.
818. ART. 18. JURISDICTION OF GENERAL COURTS-MARTIAL Subject to section 817 of this title (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war. However, a general court-martial of the kind specified in section 816(1)(B) of this title (article 16(1)(B)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as noncapital case.
ART. 19. JURISDICTION OF SPECIAL COURTS-MARTIAL Subject to section 817 of this title (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal., confinement for more than six months, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than six months. A bad-conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
The GCM is the only authority that can award dismissal of an officer.
I went and looked at an old copy of MILPERSMAN And found something I had not been aware of. In some cases an officer is allowed a "resignation for the good of the service to escape a general court-martial." What we would need to see now is Kerry's resignation letter which would state that reason per the manual and would be in his records. As far as I know, every officer, active and reserve, who leaves the service without retiring or being forced out has to submit a resignation letter.
Interesting perspective. That might just be possible, as the military has never wanted the publicity of officer courts martial, except in the most egregious of circumstances. I would think, though, that those kinds of records would be releasable under FOIA. Not sure if that's been tried, but I assume it has. Time is running out though on this one.
I think what you said do makes sense.
A general discharge was in order for his actions if he were enlisted.
But, he was an officer and behavior unbecoming is a big deal. Especially at a national level.
Whether it was a big enough deal to warrant an DD or BCD up for a debate.
Odds are he recieved a general discharge, like you said.
At the time the military was not going to give Kerry the ammo he wanted.
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