SwiftVets.com

[docford]

I just received a copy of BUPERSINST 1300.39A dated 19 AUG 68 pursuant to a FOIA I submitted to my Navy. This is the instruction allowing individuals with war wounds to leave Vietnam early.


Subj: Reassignment of Personnel Once-Wounded Requiring CONUS Hospitalization, or Twice/Thrice Wounded, as a result of Hostile Action in Vietnam and/or Waters Adjacent Thereto

The relevant portions are:

3. Applicability. This instruction is applicable to all Navy officers and enlisted prsonnel who are (1) hospitalized in CONUS (incluing Hawaii and Alaska) as a direct result of Vietnam wounds; (2) wounded on two separate occasions and require hospitalization in excess of 48 hours for each wound; or (3) wounded three times, regardless of the nature of the wound or treatment required for each wound, while serving in Vietnam and/or waters adjacent thereto. Wounds received which are not the direct result of hostile action and nonbattle injuries are not to be considered applicable under this instruction.

.........................................

4 (c) Reassignment of Officers. The commanding officer of an officer who is hospitalized and/or wounded under the qabove criteria will advise the Chief of Naval Personnel (Attn: Pers-B1) of the oficer's location, duty status, and expected duration of any hospitalization. Reassignment of the officer will be determined after consideration of the physical classification for duty and on an individual basis.

5. Waivers. Personnel desiring to waive reassignment under the purview of this Instruction must forward a written request to that effect to the Chief of Naval Personnel (Attn: Pers-B) for final determination.


Also, a flyer "Information of Special Interest to Naval Personnel" discussing this instruction was to be displayed on the bulletin board, printed in the daily bulletin and Plan of the Day.




Obviously, Kerry did not come under Para. 3 (1) or (2). The requirement of "hostile action" and the exclusion of nonbattle injuries makes the applicability of Para 3 (3) highly questionable.

Para 4 (c) says nothing about discharge. It only states that the affected officer will be reassigned to an out-of-theater duty station consistent with any disability. Kerry had none.

Para 5 is something that a honorable enlisted man or officer would likely take advantage of (or at least seriously consider), if he were physically capable of still performing his duty without endangering himself or his shipmates.
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Doc Ford
HMC (SW) USN

[Anker-Klanker]

That's very interesting. Certainly 3 (bona-fide) PHs would qualify, but - and this is not going to make anybody on this forum happy - they don't have to be PHs to qualify! If I read that correctly, even self-inflicted wounds, as long they are obtained in battle, would qualify, and "battle" is a highly ambiguous term. I.e., am I in "battle" if I merely think I'm under attack, and respond accordingly?

Didn't want to hear this...

[docford]

You may be correct on the self-inflicted wounds. Since there is no definition of "direct result of hostile action" contained in the instruction, we need to find a more "senior" instruction or manual that defines that term.

Just a guess, but from working in administrative law and military law for more years than I can remember, I doubt self-inflicted wounds would count. Otherwise, you would have hundreds of boneheads deliberately stabbing themselves three times during the first firefight. Generally, self inflicted wounds are considered noncombat injuries. However, friendly fire injuries would count.
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Doc Ford
HMC (SW) USN