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Posted: 8/25/2004 2:18:57 PM EST
[Last Edit: 8/25/2004 2:19:24 PM EST by The_Macallan]

Hanoi-John served in VietNam for about four months in the winter of '68-'69 and then returned stateside early because of his {cough}war wounds{cough} and his Purple Hearts.

My questions are:

1) Was Kerry still "in the military" when he was returned home?

2) If so, for how long and under what status was he in the military after returning home?

3) And if so, was he still under the jurisdiction of the UCMJ during his time after he came home and for how long?

Link Posted: 8/25/2004 2:26:45 PM EST
As I recall, discharges are on a case to case basis when speaking of the wounded.

Two men in my unit were wounded. One got shot in the upper arm and back. He remained in until all surguries were completed (about 1.5 yrs - 1 year past his ETS date). The other took a round in the gut. Fortunately, it missed his vital organs. He was released about 4 or 5 months later.

Link Posted: 8/25/2004 2:51:49 PM EST

Originally Posted By The_Macallan:

3) And if so, was he still under the jurisdiction of the UCMJ during his time after he came home and for how long?




I can't answe the first two questions, but as to 3, he would have been subject to UCMJ until officially separated from the military. They claim to have released all his records on his website, or somewhere, that would give his separation date, and the last day he was subject to the code.
Link Posted: 8/25/2004 3:17:07 PM EST
[Last Edit: 8/25/2004 3:18:59 PM EST by The_Macallan]
Kerry DD214

So was Feb 17, 1972 was his discharge date or was March 1, 1970? And which was the last day he was subject to the UCMJ?

Link Posted: 8/25/2004 3:23:42 PM EST
[Last Edit: 8/25/2004 3:28:03 PM EST by KA3B]
1. Yes

2. Kerry originaly entered Naval service in Feburary, 1966. He did not have to report until August, 1966. That is when he was ordered to OCS.
He left active duty in December of 1969 and transfered to the Naval reserve.
His original end date of obligated service was set at Feburary 1972.
He left the reserves in July 1978.

3. He was under the UCMJ from the date he reported to OCS to the date of his release from the Naval Reserve.

http://www.johnkerry.com/about/john_kerry/military_records.html


Originally Posted By The_Macallan:
Hanoi-John served in VietNam for about four months in the winter of '68-'69 and then returned stateside early because of his {cough}war wounds{cough} and his Purple Hearts.

My questions are:

1) Was Kerry still "in the military" when he was returned home?

2) If so, for how long and under what status was he in the military after returning home?

3) And if so, was he still under the jurisdiction of the UCMJ during his time after he came home and for how long?


Link Posted: 8/25/2004 3:28:15 PM EST
http://www.johnkerry.com/about/john_kerry/military_records.html
Link Posted: 8/25/2004 3:30:50 PM EST
[Last Edit: 8/25/2004 3:32:11 PM EST by The_Macallan]

Originally Posted By KA3B:
1. Yes

2. Kerry originaly entered Naval service in August, 1966. That is when he was ordered to OCS.
He left active duty in December of 1969 and transfered to the Naval reserve.
His original end date of obligated service was set at Feburary 1972.
He left the reserves in July 1978.

3. He was under the UCMJ from the date he reported to OCS to the date of his release from the Naval Reserve.

Very well. Thank you.

One last question though...

Exactly WHERE in the UCMJ does it allow American military reserve personel to circumvent official government and military channels and MEET IN PRIVATE WITH ENEMY LEADERS DURING A TIME OF WAR to coordinate efforts to get America to "immediately and unilaterally" withdraw all military forces from that war?

Just curious.


Link Posted: 8/26/2004 12:22:17 AM EST
As an Inactive Reservist you
A. IRR - Individual Ready Reserve, two categories, the first are guys working toward a Reserve Retirement, taking the necessary actions to make satisfactory years, and the other are guys that were released from the Active service with no requirement to actually affiliate with the Reserves, and so they don't. Technically they are in the Reserves, and subject to recall (see the current Dems bitch about "Backdoor Draft") but are not required to do anything, at the end of the enlistment they will get a 214 (probably) in the mail.

B. Ready Reserve - this is the standard Reservist, affiliated with a unit of some kind and drilling.

IRR -Basically 1. Aren't drawing pay. and 2. Not subject to the UCMJ, with a few limited exceptions, say you were ordered to report to a Reserve Center for a Physical or some other administrative function.

Ready Reserve - You would be subject to the UCMJ while "drilling", or on Active Duty for Training (anythime you are getting paid). However, if you were to be charged with a UCMJ Violation, it has to be acted upon before the end of the "drill" or other period you are going to be paid for, at a minimum charges made and acted upon by the proper authority. And holding somebody over for legal action under the UCMJ is almost impossible.

So if you are thinking about Kerry, he likely was in the IRR in that, go home, we'll call you don't call us staatus. In other words, probably taking advantage of all his First Amendment rights. Not illegal, but definitely not what we want in a President's resume.

Similarly, while Reservists in a non-pay status were able to bad mouth Clinton, anybody on Active Duty or drawing Retired pay would have been violating Aarticle 88.

Aan Active Reservist is a Reservist serving on Active Duty, either long term in a Reserve Training Capacity, with a Reserve enlistment or Reserve Commission, or on some temporary training period, or recalled for say ODS, etc.. An Inactive Reservist is one is not doing anything military wise, between drills, Training Periods, etc.

Probably oversimplified, and some of the terms are often misused in common parlance.

Never thought I'ld ever get any use out of the UCMJ Correspondence Curse.
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