other thread..
To: BigKahuna
Here's 10 U.S.C.S. 1162 and 1163.. Both have since been repealed in 1994. Note 1163.
§ 1162. Reserves; discharge
(a) Subject to other provisions of this title [10 USCS §§ 101 et seq.], reserve commissioned officers may be discharged at the pleasure of the President. Other Reserves may be discharged under regulations prescribed by the Secretary concerned.
(b) Under regulations to be prescribed by the Secretary of Defense, a Reserve who becomes a regular or ordained minister of religion is entitled upon his request to a discharge from his reserve enlistment or appointment.
10 USCS § 1163 (1992)
§ 1163. Reserve components: members; limitations on separation
(a) An officer of a reserve component who has at least three years of service as a commissioned officer may not be separated from that component without his consent except under an approved recommendation of a board of officers convened by an authority designated by the Secretary concerned, or by the approved sentence of a court-martial. This subsection does not apply to a separation under subsection (b) of this section or under section 1003 of this title [10 USCS § 1003], to a dismissal under section 1161 (a) of this title [10 USCS § 1161(a)], or to a transfer under section 3352 or 8352 of this title [10 USCS § 3352 or 8352].
(b) The President or the Secretary concerned may drop from the rolls of the armed force concerned any Reserve (1) who has been absent without authority for at least three months, or (2) who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
(c) A member of a reserve component who is separated therefrom for cause, except under subsection (b), is entitled to a discharge under honorable conditions unless--
(1) he is discharged under conditions other than honorable under an approved sentence of a court-martial or under the approved findings of a board of officers convened by an authority designated by the Secretary concerned; or
(2) he consents to a discharge under conditions other than honorable with a waiver of proceedings of a court-martial or a board.
(d) Under regulations to be prescribed by the Secretary concerned, which shall be as uniform as practicable, a member of a reserve component who is on active duty (other than for training) and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system, may not be involuntarily released from that duty before he becomes eligible for that pay, unless his release is approved by the Secretary.
456 posted on 10/13/2004 2:05:10 AM PDT by GAGOPSWEEPTOVICTORY
Here is the exact wording of Kerry's discharge for our archives off of the PDF. The Italicized parts were added for clarification purposes.
1) By direction of the President, and pursuant to reference (a)(10 U.S.C.S. 1162), you are hereby honorably discharged from the U.S. Naval Reserve effective this date (Feb. 16, 1978).
2) This action is taken in accordance with the approved recommendations of a board of officers convened under the authority of reference (b) (10 U.S.C.S. 1163) to examine the official records of officers of the Naval Reserves 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) (BUPERSMAN3830300).
3) The Navy Department at this time expresses its appreciation of your past services and trusts you will continue your interest in the naval service.
http://www.johnkerry.com/pdf/jkmilservice/Honorable_Discharge_From_Reserve.pdf
If one reads the statute carefully, there are two ways that Kerry could have received less than an honorable discharge sometime prior to 1978:
(1) under 1163(c)(1) "he [was] discharged under conditions other than honorable ... under the approved findings of a board of officers convened by an authority designated by the Secretary concerned" OR
(2) under 1163(b)(1) he had been found to "... [have] been absent without authority for at least three months ...."
I am far from an expert in military law, but the (b)(1) approach sounds easier to do than the (c)(1) approach particularly in light of Kerry's "notoriety" at the time. The convening of a formal 'board of officers' and the suibsequent 'approval' of their findings without a public leak (when Kerry was as widely loathed within the military as he was) seems unlikely.
So my money (if it happened) is on a simple (b)(1) determination by his commander that, with all his 'diplomatic' travels he had been "absent without authority for at least three months."
Same question though: if Kerry received a LTH discharge prior to '78, (knowing what a scumbag he is) why didn't someone leak it (and stopper his 'career' for good)? Remember, he didn't exactly keep a low profile. Instead we have to believe that he received the kiss-of-death LTH discharge, kept it quiet and got a corrupt Democrat administration to quietly reverse it 6 years later. Possible but not likely in my view.
I am not sanguine that this is our October surprise.