883. ART. 83. FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION
Any person who--
(1) procures his own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment and receives pay or allowances thereunder; or
(2) procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;
shall be punished as a court-martial may direct.
Although not a clear violation, as it did not get him separtated from the Service, he DID get separtated from his Swift boat unit and rotated back to the states. (see 907.Art.107; 915. ART 115.)
885. ART. 85. DESERTION
(a) Any member of the armed forces who--
(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom 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 armed forces enlists or accepts an appointment in the same or another on of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion.
(b) Any commissioned officer of the armed 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 therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
888. ART. 88. CONTEMPT TOWARD OFFICIALS
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
Clear violation, Kerrys testimony before Congress and the public press showed a total lack of respect for his Chain of Command up through the Commander-in-Chief.
892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION
Any person subject to this chapter who--
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
Clear violation, if he witnessed the atrocities he testified to before Congress, and did not report them up through his Chain of Command, he was derelict in his duties. Also in violation of the first instance through other violations.
893. ART. 93. CRUELTY AND MALTREATMENT
Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
Possible violation, by inaction on his part (see 892. ART. 92.) he was partially responsible for any atrocities committed by those he witnessed subsequent to his witnessing, and failure to report (accessory).
894. ART. 94. MUTINY OR SEDITION
(a) Any person subject to this chapter who--
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court- martial may direct.
Clear violation (NOTE: CAPITAL OFFENCE), case in point being the “Mock War” waged in Washington DC by the VVAW as a protest against the war.
898. ART. 98. NONCOMPLIANCE WITH PROCEDURAL RULES
Any person subject to this chapter who--
(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or
(2) knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused;
shall be punished as a court-martial may direct.
, as a result of his failure to provide specific testimony against those he claims to have witnessed committing war crimes, there is now little or no chance of holding those responsible accountable.
899. ART. 99. MISBEHAVIOR BEFORE THE ENEMY
Any person subject to this chapter who before or in the presence of the enemy--
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;
(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) casts away his arms or ammunition;
(5) is guilty of cowardly conduct;
(6) quits his place of duty to plunder or pillage;
(7) causes false alarms in any command, unit, or place under control of the armed forces;
(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;
shall be punished by death or such punishment as a court- martial may direct.
Clear violation, (NOTE: CAPITAL OFFENCE) by his malingering, John Kerry exhibited cowardly conduct in the face of the enemy. His use of a Purple Heart awarded for what his campaign admitted a few weeks ago was a self-inflicted wound to obtain a fraudulent transfer out of a combat zone can easily be equated with running away, and his desire to defraud the military out of his required service for which he had been trained at great expense, demonstrates the “willfully failing to do his utmost”.
900. ART. 100. SUBORDINATE COMPELLING SURRENDER
Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, aircraft, or military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished by death or such other punishment as a court-martial may direct.
Clear violation, (NOTE: CAPITAL OFFENCE) by using the VVAW tactics to pressure the leadership to accept the unilateral withdrawl of American forces from South Viet Nam, without securing the guaranteed return of our POW’s. I don’t know about you, but that smacks of unconditional surrender to me!
904. ART. 104. AIDING THE ENEMY
Any person who--
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or [protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct.
Clear violation (NOTE: CAPITAL OFFENCE), BY INDEPENDENTLY NEGOTIATING WITH THE North Vietnamese in Paris, and agreeing to work to gain acceptance of a peace treaty drawn up in East Germany totally by the communists, calling for the unilateral withdrawal of U.S. Forces from the Republic of South Viet Nam, without the guaranteed return of our POW’s, thus ensuring that the communists would still have leverage over his own country. By his statements before Congress which the enemy used to demoralize and psychologically torture our POW’s. “He gave them for free what we endured torture to withhold”
907. ART. 107. FALSE STATEMENTS
Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
Clear violation, Citation for first Purple Heart, which was for a wound just admitted to being self-inflicted a few weeks ago. A self-inflicted wound is NOT eligible for a Purple Heart!
915. ART 115. MALINGERING
Any person subject to this chapter who for the purpose of avoiding work, duty, or service--
(1) feigns illness, physical disablement, mental lapse or derangement; or
(2) intentionally inflects self-injury;
shall be punished as a court-martial may direct.
Clear violation, the wound he received his first Purple Heart for was recently admitted as self-inflicted, and as he only spent four months in country, we can safely assume that it was his plan to collect three and rotate out of country, for the purpose of avoiding hazardous duty.
917. ART. 117. PROVOKING SPEECHES OR GESTURES
Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct.
Possible violation, I haven’t read transcripts of all of his speeches, testimonies, and interviews to know if he actually violated this article, but it would be in character with the other charges.
916. ART. 116. RIOT OR BREACH OF PEACE
who Any person subject to this chapter causes or participates in any riot or breach of the peace shall be punished as a court- martial may direct.
Clear violation, “Mock war” staged by VVAW in Washington DC. Clearly stated to disrupt the functions of the government conducting what they claimed was an “illegal war”.
931. ART. 131. PERJURY
Any person subject to this chapter who in a judicial proceeding or in a course of justice willfully and corruptly--
(1) upon a lawful oath or in a form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or
(2) in any declaration, certificate, verification, or statement under penalty or perjury as permitted under section 1746 of title 28, United States Code, subscribes any false statement material to the issue or matter of inquiry;
is guilty of perjury and shall be punished as a court-martial may direct.
Clear violation, even if you believe the body of his testimony before Congress, he represented himself as a Veteran who had received THERR Purple Hearts which by now you are getting tired of hering that his OWN CAMPAIGN has admitted that at LEAST ONE was fraudulent, thereby misrepresenting himself falsely under oath.
933. ART. 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
Clear violation, failure to report alleged war crimes, dispuptive civil demonstrations, fraudulent awards for self-inflicted wounds, does THAT sound like conduct a Naval officer and a gentleman should engage in?
934. ART. 134. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
Clear violation, all military members should be familiar with this one. The catch-all. If you are doing wrong, and you are careful not to blatantly cross over any specific lines, this is the Article you will be called in on. It can also be used to prosecute someone for excessive violations of the other punitive Articles. (NOTE: Prosecution under the UCMJ does NOT absolve one of liability to Civil Authority, and and violations that are also violations of Civil law can be prosecuted in BOTH courts with SEPARATE punishments awarded. This does NOT violate double jeopardy protection, because even though the trials are for the same action TWO laws in TWO jurisdictions have been broken. Therefore if any of his medals have been fraudulently awarded, his government service could be considered fraudulent also as it was obtained under false pretenses.)
