The Raw Story--BUSH WAS AWOL...

[antigone382]

UNEARTHED FEDERAL LAWS PROVES HE VIOLATED CODE
DEVELOPING FRIDAY – CONFIRMATION FROM THE NATIONAL GUARD….

By John Byrne | Raw Story Editor

Federal code unearthed by RAW STORY finally lays to rest questions of whether President George W. Bush was absent without leave during the time he served in the Texas Air National Guard.

The research, conducted by Paul Lukasiak over the past four months, proves that Bush was absent without leave under the law.

His superior officers could not have approved, nor could they have ignored, five straight months of missed training sessions between May and September of 1972.

According to the 1972 edition of the Universal Code of Military Justice, Section 886, Article 86,"Absence Without Leave,” subparagraph three, any member of the armed forces is considered AWOL if he, without authority, “absents himself or remains from his unit, organization, at which he is required to be at the time prescribed.”

(more)

http://www.therawstory.com/


I don't know how big this is, but let's hope it really proves what it says it proves.

[yardwork]

1. From evidence we have seen, this is probably true.

I hope that absolute proof emerges and the press bothers to publish it.

[mom cat]

4. We will have to continue to fight to be heard, The AWOL story is as big

as we work to make it. The sign I want to make for New York will read: AWOL then
MIA on 9-11
out to lunch now

[DBoon]

2. Of course its big!

I mean, if this were Bill Clinton, it would be front page news and all over CNN, right?

[antigone382]

3. Yeah, exactly.

But maybe this will finally push the media into fullout honesty. It would be great if this story broke in the major news outlets the day after that wonderful, perfect, ordained-by-God acceptance speech of Kerry's.

[Nambe]

5. I don't see any AWOL clauses. Ironically,

It appears wanker must now be put into active service for his sins. Privat bush. Hmmm.

[Demonaut]

6. "universal" crap! the whole universe, wish it was just a standard code

like "Uniform"

[TahitiNut]

10. That should be UNIFORM Code of Military Justice (it's an error)

[amandabeech]

7. Maybe the Texas Air National Guard was as happy to get rid

of Bush* as everyone on DU will be. You just want him to go away so you don't have to think about him anymore.

[antigone382]

8. lol, true

The sooner he leaves, the sooner the nausea goes away.

[TahitiNut]

9. The question then is one of "leave" or "authority."

If Chimpy McCokespoon was given "leave" to serve a civilian sentence for drug (cocaine?) possession, then there'd be orders that "authorized" such an absence. Those orders would, however, also include an extension of his service obligation by the same (supposed) 180 days (he was absent for 193 days, according to the pay records).

But surprise, surprise! In an analysis of his previously released records, it was noted that his ETS (Expiration of Term of Service) somehow got postponed by 6 months. This was pretty much ignored because Chimpy got an early discharge to attend Harvard. That's when folks run to the argument that he served enough duty time to fulfill his obligation. But we're also suspecting that the time he put in may not have qualified as credited time per regulations.

Bottom line: Chimpy was arrested for doing drugs, did 6 months of community service, and had the records expunged.

[indepat]

11. If true, such piffles would matter nary a whit to the faithful true-

believers, the apathetic, the brain-dead, and the brainwashed.

[yelladawg]

12. Kerry reported for duty

bush didn't

[indepat]

14. Yeah, but the mindset of those like the 80+ Christian lady who proffered

to me (unsolicited) that Kerry gave back his medals and protested a war, adding she hoped the voters were not stupid enough to elect Kerry, is mind-boggling. The hoard of brainwashed of her ilk, added to the apathetic and the brain-dead, present a formidable challenge to Kerry, making it likely IMHO the election might well be close enough to again be stolen.

[trof]

13. Not AWOL under UCMJ.

Uniform Code of Military Justice (UCMJ)
http://www.au.af.mil/au/awc/awcgate/ucmj.htm#802.%20ART.%202.%20PERSONS%20SUBJECT%20TO%20THIS%20CHAPTER

802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(3) Members of a reserve component while on inactive-duty training, but in
the case of members of the Army National Guard of the United States or the
Air National Guard of the United States ]only] when in Federal Service.

Bush was not in Federal Service, thus not subject to UCMJ, and therefore not
AWOL or a deserter under UCMJ.

However, from the Texas Code of Military Justice, which Bush "may have
been" (see below) subject to says:
Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 432.130. Desertion
(a) A member of the state military forces is guilty of desertion if the
member:
(1) without authority goes or remains absent from his unit, organization, or
place of duty with intent to remain away permanently;
(2) quits his unit, organization, or place of duty with intent to avoid
hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the state military forces,
enlists or accepts an appointment in the same or another of the state
military forces, or in one of the armed forces of the United States, without
fully disclosing the fact that he has not been regularly separated.
(b) A commissioned officer of the state military forces who, after tender of
his resignation and before notice of its acceptance, quits his post or
proper duties without leave and with intent to remain away permanently is
guilty of desertion.
(c) A person found guilty of desertion or attempt to desert shall be
punished as a court-martial directs.

Bush was certainly in violation of one or more of these sections, but notice
the law was passed in 1987, well after he was out of the guard. So far, I
can find no information as to what the law was when Bush was in the TANG.

From the horse's mouth:
If I remember correctly, my Air National Guard paychecks came from the U.S. Treasury Department. We were paid quarterly. On the first month of a new quarter, we were paid for the previous quarter.

The Guard doesn't pay you if you aren't there to answer "present".
It should be a simple matter to see how much income Bush received from the Department of Treasury each year of his Guard obligation from his income tax records:
Total annual income from Air national Guard (Treasury), divided by daily pay rate for a 1st Lt. on flying status (base pay + flight pay), equals number of days served.
May have to be adjusted for time spent on non-flying status (which should NOT have happened, see 2 below).

You can do the math on how much he SHOULD have received, had he been present each time he should have been.
12 monthly drill week-ends a year
(1 day's pay for each 4 hour period) = 48 days pay
12 REQUIRED Flying Training Periods
(FTPs) per quarter X 4 quarters = 48 days pay
2 weeks Annual Summer Encampment = 14 days pay
110 days pay annually

Anything less for the six year obligation following completion of pilot training indicates no-show.

Three more points:

1. It's highly unusual that Bush was mustered out as a 1st Lt. If you kept
your nose relatively clean, you made 1st Lt. 3 years after your commission
as a 2nd Lt. Two years later, you made Captain. As long as you just put
your time in, it was automatic. That he didn't make Captain prior to his
discharge is very telling. Reason: He wasn't there long enough, not enough time-in-grade.

2.a. Failure to pass your annual flight physical is one thing.
Failure to show up for it is another thing entirely. It results in automatic grounding
and is a violation of Air Force and ANG regs. Refusal is subject to disciplinary action, including court martial.
2.b. ONLY a certified Air Force Flight Surgeon may administer a pilot's flight
physical. Not your "personal physician back in Houston", and not even the Mayo Clinic.
Not anybody who isn't a certified flight surgeon. They were available in Birmingham, Huntsville, Montgomery, Selma, and Mobile.


3. An Honorable Discharge is NOT "evidence" that he served his time. This
is just the butt-covering "talking point" used by him and his supporters.
It IS evidence that his commanding officers violated ANG rules and
regulations. It's called "covering one's derriere". Had they NOT given him
an honorable discharge it would have called attention to the fact that they
gave him a pass on his absences and pointed up a serious, punishable
dereliction of duty on their part.