More on Kerry's Military Discharge

Thomas Lipscomb writes again at the New York Sun, today:

A former officer in the Navy's Judge Advocate General Corps Reserve has built a case that Senator Kerry was other than honorably discharged from the Navy by 1975, The New York Sun has learned.

The "honorable discharge" on the Kerry Web site appears to be a Carter administration substitute for an original action expunged from Mr. Kerry's record, according to Mark Sullivan, who retired as a captain in the Navy's Judge Advocate General Corps Reserve in 2003 after 33 years of service as a judge advocate. Mr. Sullivan served in the office of the Secretary of the Navy between 1975 and 1977....

Given this, it is likely that a legal review took place that effectively purged Mr. Kerry's Navy files and arranged for the three-year-late honorable discharge in 1978.There were two avenues during the 1977-1978 time period. This could have been under President Carter's Executive Order 11967, under which thousands received pardons and upgrades for harsh discharges or other offenses under the Selective Service Act. Or it might have merged into efforts by the military to comply with the demands of the 1975 Church Committee. Mr. Sullivan was personally involved in the 1976 and 1977 records review answering Senator Kennedy's demands to determine the scope of any counterintelligence abuses by the military.

In the Foreign Surveillance Act of 1977, legislation introduced by Mr. Kennedy to enforce the findings of the Church Committee, there is language that literally describes the behavior of Mr. Kerry. The defined behavior that could no longer be subject to surveillance without warrants includes: "Americans having contact with foreign powers in the case of Americans who were active in the protest against U.S. involvement in Vietnam. Some of them may have attended international conferences at which there were representatives of foreign powers, as defined in the bill, or may have been directly in communication with foreign governments concerning this issue."

One of Mr. Kerry's first acts of office as he entered the Senate on January 3, 1985, was making sure what was still in the Navy files. A report was returned to Mr. Kerry by a Navy JAG on January 25, 1985, and appears on the Kerry Web site. There is an enclosure listed that may have contained a list of files, according to David Myers, the JAG who prepared it, that is not on Mr. Kerry's Web site. It could have provided an index for all of Mr. Kerry's Navy files.

All officials with knowledge of what specifically happened in Mr. Kerry's case are muzzled by the Privacy Act of 1974.The act makes it a crime for federal employees to knowingly disclose personal information or records.

Only Mr. Kerry can do that. As of this writing, Mr. Kerry has failed to sign a Standard Form 180 giving the electorate and the press access to his Navy files.

See also these.

Lane Core Jr. CIW P — Mon. 11/01/04 05:58:33 PM
Categorized as John Kerry.