From the Patriot 04-43 brief, sent 10/25/04

"While I agree with you that the missing records are a big question on Kerry's characterization of discharge, that discharge could not be a Dishonorable Discharge. I am a Judge Advocate General (JAG) officer of 14 years in the military. A DD is reserved for the worst offender under the Uniform Code of Military Justice and can only be given by a Court-Martial. Moreover, it is a characterization given to enlisted members of the military. Kerry, an officer, could receive a Dismissal as part of a Court-Martial sentence. While this is comparable to a DD, it can also only be given by a Court-Martial. Since it would have been next to impossible to cover up a Kerry Court-Martial, it is highly unlikely that he received a Dismissal. However, a less than honorable discharge characterization could have been given by another means under the Navy Regulations. I like you do find it quite curious that a board was involved in finally giving Kerry an Honorable Discharge after Carter became President. I come to the same conclusion that a less than Honorable Discharge characterization must have been given to Kerry's term of service."

Editor's Reply: Obviously the title of this column was designed to draw attention not so much to questions about Kerry's discharge as to put some heat on Kerry to release ALL of his military records -- and it has done just that. As we said, we suspect that Kerry was discharged was "other than honorable." Our concern is that his unreleased records may reference proceedings (at the time he was separated from the Navy) to ongoing classified criminal investigations (which have been confirmed through FOI records) by the Justice Department (FBI) into the connections between the Kerry, the VVAW and Communist Party USA. The FOI documents we have received are so heavily redacted that it is difficult to determine the full extent of Kerry's connections to the CPUSA, and how that connection relates to his later meetings with Communists in Paris. The FBI's case file may have necessitated that a less than honorable discharge be negotiated for Kerry in order to protect ongoing investigations. Bottom line -- as we said, Kerry can dispute this charge by releasing ALL of his records -- NOW. We would be please to write a retraction -- if one is in order!

"If Kerry's original discharge was covered by Executive Order 4483, was a board of review necessary? Or, put another way, did EO 4483 require subsequent review of each forgiven discharge to see if a particular discharge was not covered? I can't see the requirement for review if the EO gave blanket amnesty. --Orlando, Florida

Editor's Reply: As we noted, Executive Order 4483 pertained to civilian draft evaders and protestors. The DoD's corresponding guidelines authorized "case by case" review of military discharges by appeal related to protests.

"As a lawyer, I am intrigued by your references to the Claytor letter regarding Kerry's discharge review subject to 10 USC Sections 1162 and 1163. When attempting to find out more about these sections of law, I found the two statutes were repealed 10/5/94 by Section 1662(i)(2) of Pub.L. 100-337. After finding the texts in older published legal references, I determined that 10 USC Section 1163 dealt with limitations on involuntary separations. As you noted, Kerry does have an Honorable Discharge, but one is left to draw a wide range of conclusions regarding Kerry's original discharge in the absence of his AWOL military records. There may be nothing to this, but if not, why not release those records?" --Hartford, Connecticut

"As a two-tour Vietnam veteran, (real tours -- 23 months on the ground, including fighting with the First Infantry Division -- unlike 'JFK') I thank you from the bottom of my heart for pursuing Kerry to the ends of the earth, and holding him accountable." --Sacramento, California

"The Patriot's 'Petition for Investigation and Indictment' of John Kerry for treason should be 'required-reading' for anyone who wants to vote -- and I'm not a Bush backer...." --Boston, Massachusetts (Read it at http://www.PatriotPetitions.US )