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October 13, 2004

Kerry's Difficult Discharge

Questions about the circumstances surrounding John Kerry's discharge from the US Navy - started by, among others, conservative tool Mickey Kaus - made it into the New York Sun today, in a piece written by favorite NARN guest Thomas Lipscomb.

Lipscomb checks the dates involved:

:

The document is dated February 16, 1978. But Mr. Kerry's military commitment began with his six-year enlistment contract with the Navy on February 18, 1966. His commitment should have terminated in 1972. It is highly unlikely that either the man who at that time was a Vietnam Veterans Against the War leader, John Kerry, requested or the Navy accepted an additional six year reserve commitment. And the Claytor document indicates proceedings to reverse a less than honorable discharge that took place sometime prior to February 1978.

The most routine time for Mr. Kerry's discharge would have been at the end of his six-year obligation, in 1972. But how was it most likely to have come about?

Six years to get a discharge?

Wonder where his records are.

(Oops. I guess this is another "conservative hatchet job...")

Posted by Mitch at October 13, 2004 09:06 AM | TrackBack
Comments

I was about to say that an 'other than honorable' discharge in 1972 might have been part of a vendetta by the Nixon adminstration, but the Sun article addresses this, I think correctly: If that had been the case you would think that Kerry would have used it in the past or present to his advantage, saying Republican adminstrations will do anything to squash dissent and pursue their imperialistic aims. He hasn't said anything of the sort.
Now I'll just hold my breath and wait for CBS, NYT, ABC, CNN, WaPo, etc. to ask him about this point blank, starting now...

Posted by: chris at October 13, 2004 10:24 AM

Maybe Bob Schieffer will ask...

excuse me

...maybe Bob Schieffer will ask about that tonight...

Nope, can't type it with a straight face. Sorry.

I'm guessing this is mostly nothing, and an example of the coverup/spin/flip-flopping will be 10x worse than whatever he's trying to hide.

Posted by: Brian Jones at October 13, 2004 01:31 PM

John F. Kerry did not become a military officer by enlisting; he became an officer by a commission in the Navy. He held a reserve commission from December 16, 1966 to February 16, 1978. Commissioned officers are direct representatives of the president of the United States. Commissions are legal instruments the president uses to appoint and exercise direct control over qualified people to act as his legal agents and help him carry out his duties. The appointment to a commission has three requirements: The President or Service secretary must make the appointment; the military service must offer the appointment to the person, usually by giving the person a letter of appointment and an oath of office; and, the person must accept the appointment. Taking the oath of office is the most common method of accepting the appointment. Unlike draft that involuntarily inducts individuals into enlisted service, the military cannot force anyone to accept an appointment. If you have a service obligation and refuse an appointment, you must serve your obligated period as an enlisted person. John F. Kerry enlisted prior to accepting his appointment because he had incurred a service obligation perhaps because he was a military scholarship recipient or perhaps his number came up in the draft and he used an education option available to become an officer.

Although John Kerry’s January 2, 1970 release from active duty was under honorable conditions, speculation is misconduct while he was in the Naval Reserves resulted in a less than honorable dismissal that required a “board of officers convened under authority of Title 10 U.S. Code Section 1163” that determined his discharge was honorable. The approved recommendations of a convened board of officers are unusual and this is part of the cause for speculation a dismissal was upgraded to an Honorable discharge.

It is unclear from the records if all his commitment and obligation in the Naval Reserve was inactive duty status. However, U.S. Navy correspondence pertinent to his release from active duty states: “You are advised that your release from active duty does not terminate your status as a member of the U.S. Naval Reserve. On the day following the effective date of your release from active duty as specified in paragraph 3 of this endorsement, you will assume the status of a member of the Naval Reserve on inactive duty. While on inactive duty you are subject to involuntary recall to active duty to the extent authorized by Federal statute.”

If John F. Kerry completed his entire military obligation on inactive duty status, he would only be subject to trial by court martial under Articles 83, 104, or 106. The authority for this is found in Rule 202 Persons Subject to Jurisdictions to Courts-Martial, which expands upon Article 2 that defines classes of persons subject to the code. Only Article 104-Aiding the enemy has any connection to the conduct and behavior of John Kerry if his reserve time was nothing but inactive duty status. However, it is enough to give a second cause to speculate he some how influenced a dismissal into an honorable discharge.

It is public record John F. Kerry met with both delegation of Vietnamese Communists in Paris France in 1970 and it is allegedly in FBI files that he met with representatives from the North Vietnamese government in Paris France in 1971. Considering also his very active and visible leadership role in the antiwar movement, it is clear he was in direct violation of the UCMJ and Constitutional Codes and articles. “The scope of article 104 is it denounces offences by all persons whether or not otherwise subject to military law. Offenders may be tried by court martial or military by military commission.” “The nature of the offense is no unauthorized communication, correspondence, or intercourse with the enemy is permissible.” It is clear John F. Kerry knowingly and purposely aided the enemy. Consequently, the majority of Vietnam Veterans do consider him a traitor, betrayer, and a liar.

The dismissal is the commissioned officer version of a dishonorable discharge. Any dismissal subsequent to an honorable discharge null and voids any previous honorable discharge and any awards and decorations. Consequently, there are administrative peculiarities in the documents and certificates of some of John Kerry’s decorations that provide cause for some to believe the medal were revoked and then awarded back to him.

Even if John Kerry was not subject to jurisdictions to military court martial, he violated U.S. code 18 U.S.C. 953, which declares it is illegal for a U.S. citizen to go abroad and negotiate with a foreign power. Violating the United States Constitution is something he believes he can do whenever he decides. His first foreign policy action as a freshman senator in 1985 was to visit with Sandinista officials to include three hours of direct and personal negation with Nicaraguan President Daniel Ortega. This was also a direct violation of federal code and sections of the U.S. Constitution.

Senator John F. Kerry’s voting record as an elected official of government doesn't demonstrate a commitment to ensuring American fighting forces, intelligence gathering agencies, and law enforcement agencies are equipped and trained to do what is needed to keep our homelands safe. Senator Kerry has an inability to work effectively with Presidents who does not share his views. His mischief as senator to participate in unauthorized and secret negotiations with leaders and officials of other governments and the United Nations that are putting the lives of our armed forced in jeopardy in Iraq and Afghanistan. It is his sense of duty and sense of the good life can easily result in more harm than safety, more taxes than advertised in campaign promises, and other consequences. What kind of deals is he cutting to get the support of foreign countries and peoples? Why is the left wing Guardian newspaper of London identifying American voters and encouraging its readers to write letters to American voter’s encouraging them to vote for John F. Kerry?

The lack of inquiry and interest by the news media undermines the purpose for having a free press. Freedom of the press is an essential essence of liberty and the better time for vigilance is before misinformed voters make choices.

Posted by: John at October 16, 2004 01:37 PM
hi