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Can someone distill the discharge status into a simple post
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knak
Seaman Recruit


Joined: 29 Oct 2004
Posts: 2

PostPosted: Sat Oct 30, 2004 3:24 pm    Post subject: I'm a newbie Reply with quote

Hi guys, I sure hope the rumors on the net come to life before the election. I've been lurking here everyday and signed up yesterday. Came from Free Republic.

I'm with the others though that think this has to hit atleast the Drudge site to make main stream news.

There are people that post on FR all the time that say some of their friends or their parents are going to vote for Kerry because of his distinguished military record. They don't even know the rumors. And they all say if the rumors they're being told were true, they would have heard about it on the news.

Proof needs to come out about this and quick. I sure hope you all have something htat'll stick. I'm praying for it!!
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stcromwell99
Seaman Recruit


Joined: 14 Sep 2004
Posts: 46
Location: DC area

PostPosted: Sat Oct 30, 2004 4:06 pm    Post subject: Reply with quote

Uniform Code of Military Justice, Article 104, Part 904

904. ART. 104. AIDING THE ENEMY
Any person who--
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct.

http://www.au.af.mil/au/awc/awcgate/ucmj2.htm#SUBCHAPTER%20XI.%20MISCELLANEOUS%20PROVISIONS

Human Events wrote:
Finally, and most bizarre of all of Kerry's military records so far released is a DD 215, "Correction to DD Form 214," initiated for John Forbes Kerry on March 12, 2001. Among other things, the new form changes Kerry's official US Navy separation date to March 1, 1970! As noted earlier, he wasn't eligible for discharge until July, 1972, and was so. Why, then, the new document in 2001? Why, 29 years later, is there the need to correct or change the record?

http://www.humaneventsonline.com/blog-buzzcut.php?range=10%2F24%2F2004+-+10%2F30%2F2004

What also should be looked into is WHO signed off on this change? Why did they and were they 'given' anything to do so.
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Fort Campbell
Vice Admiral


Joined: 31 Aug 2004
Posts: 896

PostPosted: Sat Oct 30, 2004 4:35 pm    Post subject: Reply with quote

BuffaloJack wrote:
but the results need the scrutiny that establishes their validity as incontrovertible. This stuff has to stand on it's own feet without reproach.

.


If not all of the work that John O'Neill and the SwiftVets have done so far will be for naught.
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Rdtf
CNO


Joined: 13 May 2004
Posts: 2209
Location: BUSHville

PostPosted: Sat Oct 30, 2004 5:12 pm    Post subject: Reply with quote

Ok - a change of plan that's all. Let's go back to where we were this time yesterday. This thing is HUGE we are up against, and it won't be resolved fast. Now let's get the vote out.
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Son of a VET
Master Chief Petty Officer


Joined: 07 Aug 2004
Posts: 791
Location: TN

PostPosted: Sat Oct 30, 2004 5:15 pm    Post subject: Reply with quote

Get what out? We don't have the info, just what was posted in this forum. With out the documents and the rest of the info NC has, we have nothing. Why is this being hushed? We only have 2 DAYS! Navy Cheif, we are still behind you. God bless you.
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LewWaters
Admin


Joined: 18 May 2004
Posts: 4042
Location: Washington State

PostPosted: Sat Oct 30, 2004 5:17 pm    Post subject: Reply with quote

Folks, let's don't run off half-cocked on this. Several reasons could be behind it, we don't know. Let's be patient and use what we have factually backed up in the meantime.

Hang in there, it isn't over by a long mile. Laughing
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stylin19
Lt.Jg.


Joined: 08 Aug 2004
Posts: 122

PostPosted: Sat Oct 30, 2004 5:47 pm    Post subject: Reply with quote

Hope NavyChief and his CINC aren't in harms way.

If there's pressure now, what will it be like if Kerry is elected ?
I'm afraid none of this will see the light of day if John Kerry is elected.

So let's make sure JFK is not elected.
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stcromwell99
Seaman Recruit


Joined: 14 Sep 2004
Posts: 46
Location: DC area

PostPosted: Sat Oct 30, 2004 5:47 pm    Post subject: Reply with quote

Why there is a problem with Kerry’s anti-war activities.

1. Kerry enlists in the US Naval Reserve on 18 Feb 1966, incurring a six-year obligation. This obligation expires on 17 Feb 1972.
2. Kerry serves on active duty as a Naval officer from 15 Dec 1966 through 3 January 1970.
3. While still on active duty, Kerry begins to support antiwar causes. (He piloted the plane taking David Walinsky and others to antiwar activities on 15 October 1969. Kerry’s leave records do not show him taking any leave in October 1969.)
4. Kerry continues his antiwar activities while still a member of the USNR in 1970-72 (meetings in Paris with the NV/VC, competing in the antiwar "medal toss" Olympics, lying to Congress).
5. Kerry is transferred to the standby reserve – inactive sometime in mid or late 1972. The documents relating to Kerry’s transfer to the standby reserve are dated 1 Mar 1972 and 16 Aug 1972.
6. As a reservist, Kerry was still under oath as a commissioned officer and subject to the Uniform Code of Military Justice.

Kerry's activities during his post-war efforts are expressly prohibited by the Uniform Code of Military Justice, Article 104, Part 904; the United States Code Title 18, Section 953 (18 USC Sec. 953); and the Constitution, Article 3, Section 3. (See Below for Documentation)

Uniform Code of Military Justice, Article 104, Part 904 wrote:
904. ART. 104. AIDING THE ENEMY
Any person who--
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or [protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct. .

http://www.au.af.mil/au/awc/awcgate/ucmj2.htm#SUBCHAPTER%20XI.%20MISCELLANEOUS%20PROVISIONS

United States Code Title 18, Section 953 wrote:
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 45 - FOREIGN RELATIONS
Sec. 953. Private correspondence with foreign governments

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+537+0++%28%29%20%20AND%20%28%2818%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%20w%2F10%20%28953%29%29%3ACITE%20%20%20%20%20%20%20%20%20

Constitution's 14th Amendment, Section 3 wrote:
AMENDMENT XIV
Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, ..., to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

http://www.archives.gov/national_archives_experience/charters/constitution_amendments_11-27.html
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MikeGranby
Seaman Recruit


Joined: 13 Aug 2004
Posts: 26

PostPosted: Sat Oct 30, 2004 8:32 pm    Post subject: Re: Understand the issue-when will the boom be lowered Reply with quote

ashter wrote:
We have proof.


No, we do not, unless there's something new that no-one's seen. While the information in the public domain strongly suggests that something funny is going on with Kerry's discharge, unless we get a signed affidavit or an on-camera statement from someone who can personally attest that Kerry discharge was not honorable, we're stuck.
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air_vet
PO2


Joined: 08 Aug 2004
Posts: 374

PostPosted: Sat Oct 30, 2004 8:49 pm    Post subject: Reply with quote

stcromwell99 wrote:
6. As a reservist, Kerry was still ... subject to the Uniform Code of Military Justice.


Only when he was in ACTIVE status.
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Hondo
LCDR


Joined: 26 Aug 2004
Posts: 423
Location: USA

PostPosted: Sat Oct 30, 2004 10:31 pm    Post subject: Reply with quote

air_vet wrote:
stcromwell99 wrote:
6. As a reservist, Kerry was still ... subject to the Uniform Code of Military Justice.


Only when he was in ACTIVE status.


air_vet is correct. More precisely, as a member of the USNR Kerry was subject to the UCMJ ONLY when serving on active duty (for training, special duty, etc . . . ) or when performing inactive duty (e.g., drills). Here's the appropriate law, from Article 2 of the UCMJ (10 USC 802):

Quote:
§ 802. Art. 2. Persons subject to this chapter
(a) The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it.
. . .
(3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service.
. . .

I've ommitted irrelevant material from 10 USC 802.

The above is from http://assembler.law.cornell.edu/uscode/. The precise language of this section of the US Code was slightly different in the early 1970s, but the difference did not affect the meaning.

Kerry could not have been prosecuted directly under the UCMJ for his Paris activities. He was not subject to the UCMJ at that time.

Why he was never prosecuted for a Logan Act violation (18 USC 953), I still can't understand - unless, as someone else has suggested elsewhere, Nixon didn't want to make him a martyr to the antiwar cause.
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"War is an ugly thing, but not the ugliest of things: the decayed and degraded state of moral and patriotic feeling which thinks nothing worth a war, is worse."
-- John Stuart Mill
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Tom Poole
Vice Admiral


Joined: 07 Aug 2004
Posts: 914
Location: America

PostPosted: Sat Oct 30, 2004 10:45 pm    Post subject: Reply with quote

Great post stcromwell99 but the your long URLs make the material difficult to read. To shorten them, CLICK HERE and scroll down for instructions; or simply click on the edit button for this post to see my example.
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SooZQ
PO2


Joined: 21 Aug 2004
Posts: 369
Location: Central Kentucky

PostPosted: Sat Oct 30, 2004 10:49 pm    Post subject: Reply with quote

I agree that the rally is not a good idea now. I can't actually see it coming about either. As hard as I worked to rally just a hand full of folks from here to gather in Ohio for Operation Street Corner, only to have a hand full of 'no shows'...well, it's obvious that it is much easier to type than to actually rally. So if anyone is concerned that this will reflect poorly on the Swift Vets, don't, it won't happen.
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Spiess
Lieutenant


Joined: 30 Jul 2004
Posts: 246

PostPosted: Sun Oct 31, 2004 1:55 am    Post subject: Reply with quote

Son of a VET wrote:
Get what out? We don't have the info, just what was posted in this forum. With out the documents and the rest of the info NC has, we have nothing. Why is this being hushed? We only have 2 DAYS! Navy Cheif, we are still behind you. God bless you.


I agree, Meanwhile the MSM is free to paint this commie piece of extrament anyway they please hidding the damage THEY did during the early 70s.
Sorry its really frustrating to watch this, we dont have anything to push! with out the accomplishments of Navy Chief, well we are up the creek. My goal is to annialate Kerry, having Bush elected is a mere byproduct.
All I hope is that we didnt loose sight of the original Mission statment.
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minnie presley
Commander


Joined: 13 Jul 2004
Posts: 307

PostPosted: Sun Oct 31, 2004 2:22 am    Post subject: rally Reply with quote

can anyone tell me is this going to be televised on c-span if so please post we are in new mexico and have no way of getting there
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