Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Kerry - Pardoned by Carter in 1977? - Research<p>
Various | 9/5/04 | Tacis

Posted on 09/05/2004 7:29:43 AM PDT by Tacis

The record is puzzling. Why would Kerry claim hero status and then refuse to allow us to see his record and allow every reader to confirm his claims? Why, even in war time, does Kerry’ service in the USNR appear to stretch from 1966 to 1978, 12 years? How does one explain the strange irregularities (multiple citations for his Silver Star) and inconsistencies in the Kerry military records that are available? Why does the 6 year (plus six month?) USNR obligation begun by Kerry in 2/66 appear to end in 1/70 again, in time of war, even though available records seem to indicate that the terminal date of his reserve obligation was 17 Feb 1972? Why are the documents that should be available, not there? The answers to all these question may be linked and surprisingly obvious. My thesis would be very easy to disprove (if it is false) by simply releasing Kerry’s entire military record.

Even if you include a lot of puffery and self-promotion, Kerry’s in-country record in late 1968 and early 1969 was exceptional and one to be admired and honored. But, for reasons we do not yet understand, in roughly late 1969, Kerry turned bad.

In late 1969, Kerry asked for an early release from “active duty”even though he had re-upped to serve on active duty until August, 1970. He said he wished to enter the democrat party primary, held in September, 1970 in Massachusetts, to be a candidate for Congress for the Third District. He was detached from active duty effective 4:00 PM, 2 January 1970 and specifically reminded the he assumed “... The status of a member of the Naval Reserve on inactive duty.”

The paper trail of available Navy records disappears for almost 8 years. In March, 1970, Kerry drops out of the Congressional primary in favor of the notorious Father Drinan, Dean of Boston College Law School (where Kerry later attended law school, 1973-1976). From early, 1970 through the Summer of 1973, Kerry takes part in activities involving war protests, meeting in Paris with Viet Cong representatives and the leadership of the Vietnam Veterans Against the War. These activities, some of which may have been legal, were of very questionable patriotism for an honest citizen of the US but certainly inappropriate for a US Naval officer.

That’s pretty much fact. Now, the thesis that explains the rest of the mysteries. I believe that Kerry was court martialed in the early 70s or otherwise terminated from the USNR under conditions other than honorable. Whatever actually happened represented a stain on Kerry’s record that might not have been taken lightly even by voters in Massachusetts.

Then, on January 21,1977, Democrat President Jimmy Carter (POTUS - January 20,1977 - January 20,1981) gave a blanket pardon, in Proclamation 4483, to certain offenders as follows:

“Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Jimmy Carter, President of the United States, do hereby grant a full, complete and unconditional pardon to: (1) all persons who may have committed any offense between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act or any rule or regulation promulgated thereunder; and (2) all persons heretofore convicted, irrespective of the date of conviction, of any offense committed between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, restoring to them full political, civil and other rights.”

Thus, if my thesis is correct, Kerry’s offense must have occurred between 2 January 1970 and March 28, 1973. My thesis suggests that during 1977, Kerry made application for full pardon under the administrative procedures promulgated by the Office of the Pardon Attorney, Department of Justice. He almost certainly sought and received the support of Massachusetts Senator Kennedy who had much clout in the Carter administration. Kennedy may have been responsible for suggesting that the records of such a fine young man be embellished by Citations from the Secretary of the Navy, rather than a mere admiral, and in other details not yet known.

In my hypothesis, Kerry’s request for full pardon was granted. Kerry applied for his military records to be corrected accordingly, and applied for an honorable discharge. The Secretary of the Navy wrote to Kerry on Feb 16 1978, enclosing an Honorable Discharge Certificate and stating:

“This action is taken in accordance with the approved recommendations of a board of officers convened ... to examine the official records of officers of the Naval Reserve on inactive duty and determine whether they should be retained on the rolls of the Reserve Component or separated from the naval service pursuant to Secretarial instructions promulgated in reference [c].”

The reference, “[c],”is to “BUPERSMAN 3830300.” A Google search did not provide any information regarding the text of this provision. But, this might explain why he was discharged 12 long years after enlistment.

This hypothesis explains the inconsistencies in Kerry’s record and makes it clear why he acts like a three card Monte dealer in insisting that we watch his time in Nam very carefully and not pay attention to what happened afterward. It is exactly the position Benedict Arnold took with respect to what happened at West Point and afterward.

Proofs? Well, no. Certainly, the official USNR file on Kerry would quickly prove or disprove my thesis. Kerry refuses to sign a Standard Form 180 authorizing the Navy to release it, suggesting that Kerry has much more to lose by showing his records than by continuing to conceal material information. Kennedy? Not likely that his office would say anything that might negatively effect Kerry even though it might be in the nation’s best interest. It is, after all, Kennedy. The US Navy? It is unlikely that the Navy would, of its own volition, risk alienating a sitting US Senator and a man who might be the next CinC. Kerry’s first wife, Julia Thorne, who went to Paris with Kerry when he met with the Viet Cong, and her brother, David H. Thorne, certainly might be able to add facts but, would the old timey, ultra-left wing, liberal media even ask them?

But, there is a another possibility. Many aspects of the Presidential Pardon/Clemency process are matters of public record, in the Department of Justice. If Jimmy Carter pardoned Kerry, there should be a public record that Kerry shouldn’t be able to conceal. An applicant appears to be told in the application process:

  "A record of each Certificate of Pardon will be maintained in the Office of the Pardon Attorney as an official record, together with your application form and any other documents compiled in the course of processing your request. The Pardon Attorney may disclose the contents of such files to anyone when the disclosure is required by law or the ends of justice. In particular, public record documents that may be compiled in the course of processing an application, such as the judgment order from the criminal case for which pardon is sought, trial or sentencing transcripts, court opinions, and newspaper articles, are generally made available upon request by third-parties (including representatives of the news media) pursuant to the Freedom of Information Act, unless such disclosure could reasonably be expected to constitute an unwarranted invasion of the petitioner's personal privacy. In addition, unsolicited Congressional correspondence is treated in the same manner. On the other hand, non-public documents that may be compiled in the course of processing an application, such as the application form itself, are not generally available under the Freedom of Information Act."

The DoJ procedures indicate:

"Publicly available information for which a FOIA request is not required:

Publicly available information: Executive clemency statistics from the administration of President McKinley to the present; rules governing the pardon attorney and petitions for executive clemency published at 28 C.F.R. §§ 0.35-36 and § 1.1 et seq.; forms for applying for executive clemency; publication: Civil Disabilities of Convicted Felons: A State-by-State Survey (October 1996); copies of clemency warrants and proclamations for persons who have been granted executive clemency; description of clemency procedures contained in United States Attorney's Manual at § 1-2.110 et seq.; whether an individual has applied for executive clemency and action on such application."

Thus, I would urge any individual or member of the media with an interest in learning the truth about Kerry’s total military record to contact/visit the Office of the Pardon Attorney, Department of Justice and inquire whether there are any records for John Forbes Kerry. Check variations of Kerry’s name (intentional misfiling?), things like “John Kerry Forbes.” Kerry’s Social Security Number appears to be shown, unredacted, on a 17 Dec 1970 document in his file but his Military ID number is not known. Finally, don’t limit inquiries to actions under Proclamation 4483, President Carter may have taken some clemency action because key party members may have required him to. Finally, From a reading of the above, it appears that certain information should be available on a “walk in” basis and other information must be requested via FOIA application.

"The offices of record are :

FOIA Contact:

Samuel T. Morison, Attorney Advisor Office of the Pardon Attorney 4th Floor, 500 First Street, N.W. Department of Justice Washington, DC 20530-0001 (202) 616-6070

Conventional Reading Room:

United States Department of Justice Office of the Pardon Attorney 4th Floor, 500 First Street, N.W. Washington, D.C. 20530"

Several observations: It is indeed unfortunate that a man who would be President, so distrusts the American public and his own background that he hides material information in his military records in the hope of hornswoggling the electorate, of tricking us into believing he is one thing when, in fact, he may be another. Second, the above process should have long ago been followed by the media. It is also unfortunate that most of the traditional media are far too interested in electing Kerry to bother with doing any fact finding or reporting of information that might dissuade the electorate or present the truth.

Proof? Again, no, no proof, but as long as Kerry in his arrogance, refuses to trust Americans, we have the right to make assumptions about his dishonesty, mendacity and refusal to be candid and to assume that he uses similar duplicity with respect to other matters, as well. The above represents my current best guess about why Kerry is being dishonest and what he is hiding.


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: carter; clemency; courtmartial; kerry; pardon; usnavy
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 121-138 next last
To: Calpernia

They would have covered anything other that personal and property crimes, and maybe even those, if the presdent so willed.


61 posted on 09/05/2004 8:43:34 AM PDT by arthurus (Better to fight them over THERE than over HERE.)
[ Post Reply | Private Reply | To 57 | View Replies]

>>>No. Going AWOL isn't a violation of the Selective Service Act (the draft).

>>>They would have covered anything other that personal and property crimes, and maybe even those, if the presdent so willed.


I'm so confused :(


62 posted on 09/05/2004 8:46:22 AM PDT by Calpernia ("People never like what they don't understand")
[ Post Reply | Private Reply | To 61 | View Replies]

To: Tacis
BUPERSMAN is the Naval Bureau of Personnel Management.

3830300 is probably 3830.300 which is no longer searchable on mil.net.

63 posted on 09/05/2004 8:49:06 AM PDT by FreedomFarmer (Less carrot, more STICK!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Calpernia

Bump!


64 posted on 09/05/2004 8:53:40 AM PDT by Alamo-Girl
[ Post Reply | Private Reply | To 53 | View Replies]

To: Tacis

Edwards DOB: 10 Jun 53
Cheney DOB : 31 Jan 40

In 1973, the draft ended and the U.S. converted to
an All-Volunteer military.

Edwards turned 18 in 1971.
John Edwards COULD have served during Vietnam BUT didn't.

Instead he went to college from '70-'74
He enrolled at Clemson University
but dropped out in his first year,
after a football scholarship fell through

"...A proud product of public schools, John became the first person in his family to attend college.
He worked his way through North Carolina State University where he graduated with high honors in 1974,
and then earned a law degree with honors in 1977 from the University of North Carolina at Chapel Hill. .."
http://www.johnedwards2004.com/john_edwards.asp

"I will not have my commitment to defending this country questioned
by those who refused to serve when they had had a chance"
Kerry at a campaign stop in Ohio on 09/03/04

John Kerry's role model
Phony Vietnam vet Al Hubbard
head of the
Vietnam Veterans Against the War
The New Soldier BY John Kerry
FREE, read it on line right now!
http://ejsmithweb.com/fr/newsoldier/

Questions for Senator Kerry!

1) Are you going to dump Edwards as your VP
because he didn't serve when he could have?

2) How's Al Hubbard now-a-days?
Is he getting ready to hit your campaign trail?

3) Is it true Jane Fonda is coming out to?


65 posted on 09/05/2004 8:54:38 AM PDT by 68-69TonkinGulfYachtClub (MAKE SURE YOUR YOU ARE CURRENTLY REGISTERED AND VOTE Nov 2nd!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tacis
HERE is BUPERS On-Line, but it is accessible by authorized personnel only.
66 posted on 09/05/2004 8:55:22 AM PDT by Ed_in_NJ
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tacis

RESIGNATION
Resignation request procedures and formats are contained in BUPERSMAN 3830320 and BUPERSMAN 3830340. The retiring officer should forward the request to Officer Personnel 9-12 months before the desired detachment month, along with a smooth endorsement prepared by the Division, for the Personnel Officer to sign by direction (see CORRESPONDENCE). Format for the endorsement may be found in BUPERSMAN 3830340. After the request is approved by BUPERS and separation orders are received, the resigning member should:
1. Contact Officer Personnel at least 90 days before the resignation date to arrange an appointment to review the Pre-separation Counseling Checklist (DD Form 2648). This counseling is most effective if it is scheduled after the member has attended the Transition Assistance Program at the Family Service Center.
2. Contact CSD, Annapolis to discuss separation processing.
3. Schedule a separation physical through the Naval Medical Clinic 6-12 months before the detachment date.
Refer to the CHECK-OUTsection for more information about departure processing.
Voluntarily separating personnel are NOT eligible for Permissive Temporary Duty for job/house hunting.

The New Bupers Codes
In conjunction with the move, many offices within Pers-2 (Military Personnel Policy and Career Progression) have been reorganized, affecting the codes to which personnel correspondence should be addressed. Per NAVADMIN 278/97, a partial listing of the new codes to be used effective this month includes:
FUNCTION OLD CODE NEW CODE
In-service procurement and resignations Pers-25 Pers-81
Active duty promotions and advancements Pers-26 Pers-82
Retirements, Fleet Reserve Pers-27 Pers-82
Accordingly, if you are submitting correspondence to change your designator or augment, address it to Pers-811. (per NAVADMIN 98/98, applications for the next board are due by 1 August 98.) Resignation requests should now carry Pers-813C vice Pers-253C; retirement requests should indicate Pers-82 vice Pers-27. Since the detailer codes were not affected, letters to change your PRD should still carry the appropriate Pers-4 detailer code.


For more info on retirement see http://www.troa.org and
For more on Naval reserves see http://www.navy.mil/navesfor


67 posted on 09/05/2004 8:57:19 AM PDT by crushelits
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tacis; Ed_in_NJ
OK, here you go:

BUPERSMAN = Naval Bureau of Personnel Manual

At some point since 1978, the numbering system was changed, so 3830300 is now 1920-160.

1920-160
Separation of Naval Reserve Officers on Inactive Duty
PERS-91
The Governing Directive is SECNAVINST 1920.6A

http://buperscd.technology.navy.mil/bup_updt/508/milpers/1920-160.htm

A PDF of SECNAVINST 1920.6A is located at:

dont.stanford.edu/regulations/secnav.pdfAn interesting point in the directive is:

"6. Background. Once an individual has legally accepted a commission or warrant as a Regular or Reserve officer in the Navy or Marine Corps and has executed the oath of of- fice, he or she has acquired a legal status which continues until it is terminated through a specific, legally authorized process. Neither retirement nor release from active duty affects an individual?s status as a commissioned or warrant officer until the officer?s commission or warrant has been terminated.

68 posted on 09/05/2004 8:57:38 AM PDT by angkor
[ Post Reply | Private Reply | To 55 | View Replies]

To: Tacis

69 posted on 09/05/2004 8:59:32 AM PDT by crushelits
[ Post Reply | Private Reply | To 1 | View Replies]

To: tiki

At one point I also wondered if Kerry might have been an informant. But, like you said, he surely would have announced this when the ads appeared, and it doesn't make sense that he would save this for an October surprise.


70 posted on 09/05/2004 9:08:01 AM PDT by Dante3
[ Post Reply | Private Reply | To 36 | View Replies]

To: Tacis

71 posted on 09/05/2004 9:08:32 AM PDT by crushelits
[ Post Reply | Private Reply | To 1 | View Replies]

To: cookcounty
"inactive" means just that, you don't have to do anything at all, just keep your address up to date.

It's been a lot of years ago but I served 4 years active duty and then was two years in inactive reserve. I did not receive a dd214 until after that period. I was told at that time that officers were in the inactive reserve for life.. Any truth to that?

Also, when I enlisted I had just turned 18 years old and the recruiter told me there was no need to register for the draft. After 4 years active duty I came home and within a month I was drafted. The notice was very pointed that I was being drafted because I had never registered.

It was a red tape nightmare getting out of that. After 4 years of military life I was sick of it. I finally convinced the draft board that I had done my time and they eventualy quit bothering me.

72 posted on 09/05/2004 9:08:38 AM PDT by Graybeard58 (Graybeard - Illinois resident - Keyes voter)
[ Post Reply | Private Reply | To 52 | View Replies]

To: crushelits

What are those images? The type is too small for me to read, except it looks as if it's something from the UK.


73 posted on 09/05/2004 9:08:38 AM PDT by Mike Fieschko
[ Post Reply | Private Reply | To 69 | View Replies]

To: Tacis

btt


74 posted on 09/05/2004 9:12:12 AM PDT by NavySEAL F-16 (Proud to be a Reagan Republican)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dante3


>>>At one point I also wondered if Kerry might have been an informant. But, like you said, he surely would have announced this when the ads appeared, and it doesn't make sense that he would save this for an October surprise.

There are CIA in Communist Party believe. No one and I mean no one comes out of the cold. Then goes public. That is a death sentence.


75 posted on 09/05/2004 9:14:02 AM PDT by Calpernia ("People never like what they don't understand")
[ Post Reply | Private Reply | To 70 | View Replies]

To: Graybeard58
I was told at that time that officers were in the inactive reserve for life.. Any truth to that?

SECNAV INSTRUCTION 1920.6A
From: Secretary of the Navy
To: All Ships and Stations
Subj: Administrative Separation of Officers

1. Resignation
a. General. Officers serve at the pleasure of the President, and no terminal dates are established for their commissions. The Secretary of the Navy, by virtue of his authority to act for the President, may establish such criteria for the voluntary resignation of an officer's commission as deemed necessary for the maintenance of a sound officer corps.

76 posted on 09/05/2004 9:16:03 AM PDT by angkor
[ Post Reply | Private Reply | To 72 | View Replies]

To: cookcounty
As I've posted a couple times above from the official directive, commissioned officers remain commissioned officers until officially released by the Secretary Of The Navy under direct authority of the President.
77 posted on 09/05/2004 9:22:12 AM PDT by angkor
[ Post Reply | Private Reply | To 52 | View Replies]

To: Tacis

Web Results   (What's this?)

http://www.jmf.navy.mil/Download/MUC.doc  [Microsoft Word]
ADMINISTRATIVE REMARKS. NAVPERS 1070/613 (Rev. 1-76) S/N 0106-LF-010-6990 SEE BUPERSMAN 5030420. SHIP OR STATION
http://www.jmf.navy.mil/Download/MUC.doc  -  1 MB

resignation
... procedures and formats are contained in BUPERSMAN 3830320 and BUPERSMAN 3830340. The retiring officer should ... the endorsement may be found in BUPERSMAN 3830340. After the request is ...
http://www.nadn.navy.mil/OfficerPersonnel/resignation.htm  -  5 KB

retresg
RETIREMENT AND RESIGNATION. RETIREMENT. Retirement request procedures and formats are contained in MILPERSMAN 1810-020. ... procedures and formats are contained in BUPERSMAN 3830320 and BUPERSMAN 3830340. The retiring officer should ... the endorsement may be found in BUPERSMAN 3830340. After the request is ...
http://www.nadn.navy.mil/OfficerPersonnel/retresg.htm  -  9 KB

 


78 posted on 09/05/2004 9:27:03 AM PDT by crushelits
[ Post Reply | Private Reply | To 1 | View Replies]

To: angkor
We need the information from the 1970s. Current information might not apply.

Are there any freeper Yeomen, Personnel Clerks, or JAG officers, from the 1970s?
79 posted on 09/05/2004 9:28:29 AM PDT by Mike Fieschko
[ Post Reply | Private Reply | To 76 | View Replies]

To: angkor
"Neither retirement nor release from active duty affects an individual?s status as a commissioned or warrant officer until the officer?s commission or warrant has been terminated."

Thought so.
And why then wasn't he recalled and slapped down at the time??

80 posted on 09/05/2004 9:36:51 AM PDT by norton
[ Post Reply | Private Reply | To 68 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 121-138 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson