The true facts on Bush* AWOL

[trof]

I've posted this several times before, but the subject has come up once again. The Uniform Code of Military Justice is basically the military's constitution and bill of rights. It spells out pretty much the rules and regs and what can happen to you for various infractions.

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

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.
11 monthly drill week-ends a year.
No week-end drill during the month
you attend Summer Encampment.
(1 day's pay for each 4 hour period) = 44 days pay
12 REQUIRED (for pilots) Flying Training Periods
(FTPs) per quarter X 4 quarters = 48 days pay
2 weeks Annual Summer Encampment = 14 days pay
106 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. 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.

[NMDemDist2]

1. trof, scroll back the latest page a couple hours and see the link

about Rayguns Asst. Sec of Def that agreed chimpy was, indeed, AWOL

let me know if you can't find it, but I saw it in the last couple hours

and BTW :hi:

[trof]

4. Saw it, but I still maintain

that Bush* wasn't subject to UCMJ.
As I said, I do believe he was in violation of state regs., but the only ones I can find weren't passed until 1987.
And in fact, even those regs do not use the term AWOL. They call it "desertion".

Maybe I'm splitting hairs, but I don't want to give right wingers any ammunition to use against us if we try and use "AWOL Bush*" in an argument.

[central scrutinizer]

2. link

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=718083&mesg_id=718083

[H2O Man]

3. Thanks!

It seems a valuable post to put up from time to time.

[ramblin_dave]

5. Check out this link

This guy has done a lot of research using the latest pay records and other documents.

http://www.glcq.com/

[trof]

6. Very comprehensive. Many thanks.

Somebody finally gets it.