SwiftVets.com

[houghton]

There has been much discussion in various threads regarding Kerry’s activities during 1970 and 1971 vis-à-vis his Reserve status, including some allusions to his being culpable under UCMJ Article 104. However, I’m a little confused about his exact status because of the different terms being used in reference to reserve duty, i.e., active, inactive, ready, and standby. I’ve looked at two relevant documents -- his OCS Agreement and his DD214 -- to see if I could clarify what his status actually was in ’70/’71.

The following is a quote from the OCS Agreement under the section titled TERM OF SERVICE:

“4. The obligor agrees that, on completion of active duty, he will remain in the Ready Reserve if eligible therefore. Service in the Ready Reserve will be for a period which when added to his active duty, will total five years. Upon completion of five years of satisfactory service on active duty and in the Ready Reserve, he will be eligible for transfer to the Standby Reserve and, if he applies, he will be transferred to the Standby Reserve for any remaining portion of his service obligation.

5. The obligor understands that the provisions of law require satisfactory participation in the Ready Reserve unless relieved of such participation by competent authority or as otherwise provided by law. Such participation may be satisfied annually by not less than 48 drills and not more than 17 days active duty for training, or an alternative of 30 days active duty for training, or other appropriate Reserve training as may be authorized. Failure to carry out prescribed training may subject him to involuntary call to active duty for not more than 45 days.”

The DD214 shows that Kerry was released from active duty on 3 January 1970 and, as shown in Block 11 of page 3: RELEASED FROM ACTIVE DUTY AND TRANSFERED (SIC) TO NAVAL RESERVE. There is no mention of inactive or otherwise. Furthermore, block 22.b. of the DD214 shows a total active service of 03 years, 00 months, 18 days. I surmise, then, that the transfer was made in accordance with his OCS Agreement and he was obligated to participate in the Ready Reserve by satisfying the requirements set out in paragraph 5 of the TERM OF SERVICE within that agreement for one year and 347 days, or until on or about 13 December 1971. There is no available record that I could find which shows that he did so serve. Nor is there any available record to show that he was “relieved of such participation by competent authority or as otherwise provided by law.”

Kerry’s website does show the documentation that transferred him to the Standby Reserve in 1972. There is no documentation that accounts for his Ready Reserve obligation.

So, did John Kerry fail to fulfill the Reserve obligation required of him upon completion of his active duty? It appears so. However, it’s not getting much attention because of what I believe may be confusion in terminology related to someone’s Reserve status

[air_vet]

[ASPB]

I was released from active duty in November of 69 and transferred immediately to Inactive Ready Reserve with no drill requirements. Final release to Inactive Strandby Reserve was 22 months later. Only difference is I'd done 4 years, 2 months, and 10 days active.

If Houghton is right about Kerry's contract being 3 and 2 which a lot of them were I'd just add that the Navy had more Junior Officers than it knew what to do with in 1970. Early release to Inactive Ready Reserve was a common practice.
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On Sale! Order in lots of 100 now at velero@rcn.com Free for the cost of shipping All profits (if any, especially now) go to Swiftvets. The author of "Sink Kerry Swiftly" ---ASPB

[air_vet]

I just reread candidate Kerry's Release_From_Active_Duty.pdf.

It says"... on 3 january 1970 you will regard yourself released from all active duty and transfered to inactive duty in the U.S. Naval Reserve.....

In the event that you plan travel or residence in foreign countries for a period in excess of 30 days, notice of intent will be submitted to the command having custody of your records......"

No mention of him being assigned to a drilling position in the Reserves.

[Mark]

I still smell something.
One who can get his citations changed years after he earned them surely could have gotten some discharge document changed (and it apparently conflicts with the 214).
ASPB..were you an OCS grad like him?
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Retired USN Capt.; Market Time vicinity ChuLai 6/67-2/68; Maddox 8/64 Tonkin Gulf; NGFS I Corps 6-12/65; Saigon evac. 4/75.

[ASPB]

[kaji]

I was discharged in Jun 1970 from USNR-- active duty 2 yrs---then had to do 2 yrs of drills. Also drilled 2 yrs prior to active duty, for total of 6 yrs before discharge.

[greasepaint]

I would think, that in the matter of what to do with certain people leaving active duty, the service might, for its own convienence, waive 'drilling'
type reserve duty, and put the person in a nondrilling unit.
IMO, there is nothing wrong with that, in itself.

[lunr99]

The question is, if Kerry was suppose to complete these drills after being released from active duty. Which reserve unit was he assigned to?
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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

[ArmyWife]

My husband's in the Army Reserve, but I didn't know what Standby Reserve was either, so I went looking.

http://www.military.com/Resources/ResourceFileView?file=Reserve_Standby.htm

Granted, this info is not from the right time period and service, but not everything has changed over the years. It's better than nothing.

Now to go back and look at those Kerry documents...

[SBD]

DD214
in the remarks section
NO DISCHARGE CERTIFICATE ISSUED AT TIME OF SEPERATION
CONTINUING ON ACTIVE DUTY AS ENSIGN.

and again section 13b page2
NO DISCHARGE CERTIFICATE ISSUED AT TIME OF SEPERATION

on DD215 dated March 12, 2001
Correct seperation date to read 03/01/70

What does that mean?

SBD

[air_vet]

[ArmyWife]

[ArmyWife]

I got up and did some chores inthe middle of my last post, only to find that air_vet had answered the question. I'm not sure I get what being an officer had to do with it...but that's OK.

[Misty]

Here is my understanding of his records.

He signed up on February 18, 1966 for 6 years. On the same day he signed up for OCS.. The contract said he would have to serve 3 yrs active from the time of his commission. He was commissioned on December 16, 1966. He was obligated to serve in the ready reserve for the amount of time that when added to his active duty would add up to 5 yrs. The balance of the commitment would be served in standby reserve.

He was released from Active duty on 1-1-70 and placed in the ready reserve on 1-3-70. At that time he was given credit for having served active duty for 3 yr 10 months and 16 days. There were two entries. The first gave him credit for 3 yrs 00 months, and then there was another entry for the additional time which totalled together came to 3 yr 10 mo 16 dys.

He went into standby reserve on 7-1-72 and was discharged on 2-16-78. 12 years later? Why?

Also, it should be noted that his discharge papers shown on the website are not the discharge papers from the end of his committment. They are papers which discharged him from one type of reserve status to then go into the other status. His actual discharge from the military is not shown.
Why?
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Misty
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Dad was in the Navy Pacific Fleet
Brother was on the USS Regulus - Vietnam
Husband was AirForce 3rd (34th) Tactical Fighter Wing - Security Police Bien Hoa Vietnam