SwiftVets.com

lunr99

It's me again, and I was trying to prove that Kerry went against the UCMJ rules. I post on a local message board here in Northeast Wi. and I'm running into some "technical problems."

I linked to a document which shows Kerry signed an agreement with the Navy.

http://news.findlaw.com/hdocs/docs/jkerry/offcandagr.pdf

I am not up to par on the "active and inactive" status and what's entailed.

Below is the response I got.

You ignored what I said, or you do not understand. When he was put in inactive duty status. It means inactive, those requirements only apply to active reserve only! If he was assigned to an active reserve unit yes then he would be required to drill with that unit. Inactive duty means he does no active duty. Drill is active duty status. Reserves get paid only while on drill status, or called to active duty. You do not do drill on inactive duty. You do not get paid. You are not under the UCMJ. Most likely, he got that status due to the three Purple Hearts,and two tours of Vietnam. The Navy would not activate him, to go back to Vietnam. He was basicly out of service under that status. But subject to recall to active duty. The UCMJ would only apply when he went on active duty. The Navy seems to have decided that he was finished with them. they kept him in this status until they could put him into inactive reserve. that does happen. This can be done to Officers that they don't want to activate for one reason or another, but don't want to hurt their record either. Only if he was assigned to an active reserve unit, would the terms of service apply. They don't apply when you are declared inactive. He got out of it. He did not have to do it. That is why no records of drill. Don't know if he worked it or the Navy, but he was out of service at that time for all intent and purposes. The truth is I served I know the rules. 20 years of Honorable service, means I am not ignorant of military matters, thank you. I have been polite to you. I am reconsidering that. You decided to question my intelligence, and not ask me any questions on how I knew, you just called me ignorant. I am not always right, no one is. I do have the background to be right in this one. You are the one, who needs to do more research that agreement is not iron cast, there are ways out of it. Kerry got out of it, legally. the Navy put him in inactive status.

Orginal post stated Kerry was put on inactive duty, where the hell do you get a requirement for drill in that status. Inactive duty status is inactive. No drill requirement. No assign unit. What unit do you say he was assigned to. In order to have that reqirement. He must be assigned as active reserve to a unit. Tell me the unit they assigned him to. I was inactive reserve. I had no reqirement to drill, or was assgned to any unit. Inactive duty means, no active duty. Inactive reserve means no active duty, so no drill. the original contact is not proof, If he was put in inactive duty, those requirements do not apply. that would be why no drill records.

Is there any response to this? Was Kerry active or inactive duty when he made his speech in 1971?
See, I think the confusion here is, if he was "inactive," then I guess he's not under the UCMJ?

someone please enlighten me.

Thanks ever so much.
_________________
If you're ridin' ahead of the herd, take a look back every now and then to
make sure it's still there. - Will Rogers

Me#1You#10 · Site Admin Joined: 06 May 2004 Posts: 6503

Moving shortly to R&R

Thanks

republicanveteran · Commander Joined: 29 Jul 2004 Posts: 333 Location: Texas

Officers are considered still part of the military until their entire service expires, active or inactive. They are not discharged until the military produces a DD214. Hope this helps

I think his official discharge was in 1978...

lunr99 · Posted: Sat Aug 28, 2004 3:08 am Post subject:

thank you so much for your answer. It is to the point.
Hey moderator, No one goes over to the R and R - lol
I wasn't sure where to post this though. Thought it would generate a faster response, which it did. sorry Confused

_________________
If you're ridin' ahead of the herd, take a look back every now and then to
make sure it's still there. - Will Rogers

Guammie · Seaman Recruit Joined: 12 Aug 2004 Posts: 20

http://www.americanthinker.com/articles.php?article_id=3778

There is an important distinction between being in the Naval Reserves on inactive duty and being in the Standby Reserves on inactive duty. Standby Reserve status would permit a person to argue that he was a civilian for all intents and purposes. A person in the Naval Reserves is still considered in the Navy; inactive duty means that the individual or the unit to which that individual has been assigned has not been called up for active duty. Again, note the similarity: John Kerry, when he entered the Navy on February 18, 1966, entered the Naval Reserves on inactive duty. He did not commence active duty until August 19, 1966.

air_vet · PO2 Joined: 08 Aug 2004 Posts: 374

lunr99 · Posted: Sat Aug 28, 2004 3:58 am Post subject:

so by your post air-vet, you're telling me that once Kerry was put on inactive duty - he would receive his DD214.
Then this would mean that he no longer is under the UCMJ?
Because he has been discharged.
Which means that when he testified in 71, he was no longer obligated to the Navy, correct?
_________________
If you're ridin' ahead of the herd, take a look back every now and then to
make sure it's still there. - Will Rogers

air_vet · PO2 Joined: 08 Aug 2004 Posts: 374

OK, I just reread candidate Kerry's DD 214s. There are 2. The first, issued 15 Dec 66 was when he completed OCS (which is done in paygrade E-5). The second, was dated 3 Feb 70 when he was leaving EAD. This is as I would have expected to see.

The INTERESTING thing is, the Terminal Date of Reserve Obligation on the 2nd DD 214 is 17 Feb 72. Again, this makes sense - it's 6 years after he entered the reserve (in enlisted status).

What I DON'T understand, is why his honorable discharge wasn't issued until 16 Feb 78/13 Jul 78 - SIX years after his reserve obligation had expired. Why was it extended? I can't believe that VVAW member Kerry would have asked to stay in the Reserve for an extra six years.

Somethings just don't add up right about his reserve service - but we won't know what's wrong if he doesn't sign a Form 180.

lunr99 · Posted: Sat Aug 28, 2004 4:14 am Post subject:

maybe longer is better? LOL
I don't know, but thank you for taking the time out to explain some things to me. It can get rather confusing (and still is at time) trying to understand all this status stuff. When, where, who and what.

I also hope that Kerry will release all his records and it will finally answer all questions.
_________________
If you're ridin' ahead of the herd, take a look back every now and then to
make sure it's still there. - Will Rogers

air_vet · PO2 Joined: 08 Aug 2004 Posts: 374

PO2 · Ensign Joined: 14 Aug 2004 Posts: 67 Location: TX USA

lunr99 · Posted: Sat Aug 28, 2004 1:54 pm Post subject:

so let me get this straight...LOL

If Kerry wasn't transferred to "Inactive Reserve" till July 1st 1972,
that would mean that he was on "Ready Reserves." Right?

Which would mean he could be called to duty during that time? correct?

I'm sorry if I sound ignorant, but I am really learning quite a lot here.
More than I could ever imagine.

Thanks,
Michelle
_________________
If you're ridin' ahead of the herd, take a look back every now and then to
make sure it's still there. - Will Rogers

scraper3 · Seaman Recruit Joined: 21 Aug 2004 Posts: 13

lunr99

Read Kerry's release from active duty letter.

Item #6 states: " release from active duty does not terminate your status as a member of the U.S. Naval Reserve."

Obviously he was subject to UCMJ, plus he had a security clearance.

I guess no one had the stomach to go after this guy, except John O'neill of course.