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SF Request for Investigation of Awards Granted to Kerry
Judicial Watch ^ | Sep 8, 2004 | Tom Fitton

Posted on 09/15/2004 1:52:58 PM PDT by Conservative Coulter Fan

Gentlemen:

This letter supplements Judicial Watch’s August 18, 2004, letter Re: “Request for Investigation, Determination and Final Disposition of Awards Granted to Lieutenant (junior grade) John Forbes Kerry, USNR.”

Recent press reports have documented how Senator Kerry’s DD Form 214 lists a “Silver Star with Combat ‘V.’” Senator Kerry posted his DD Form 214 (and other selected service related documents) on the Internet at JohnKerry.com. As you are aware, the “Combat ‘V’” device is never awarded with the nation’s third highest award for heroism.

Journalist Thomas Lipscomb, writing in the Chicago Sun-Times quoted a Navy spokesman stating: “The Navy has never issued a ‘Combat V’ to anyone for a Silver Star.” Additionally, former Navy Secretary John Lehman was quoted in the Sun-Times article with respect to the Silver Star citation saying: “It is a total mystery to me. I never saw it. I never signed it. I never approved it. And the additional language it contains was not written by me.”

Section 113.3 of SECNAVINST 1650.1G directs that only the Secretary of the Navy can, in the name of the President, award the Silver Star. Orders and citations posted on Senator Kerry’s Internet site reflects citations for the Silver Star being “awarded” to Senator Kerry under the authority of both Admiral Zumwalt (Commander, U.S. Naval Forces, Vietnam) and Admiral Hyland (Commander-in-Chief, U.S. Pacific Fleet).

It appears these officers lacked the lawful authority to grant the award of the Silver Star. That may, in some part, explain the third citation for the same award of the Silver Star involving the apparent use of an autopen during former Secretary Lehman’s tenure as SECNAV. Perhaps the “Lehman Citation” was generated in an attempt to provide ex post facto “legal” ratification for an unauthorized award. In any case, Secretary Lehman’s categorical denial of approval of the citation for the republic’s third highest award for heroism raises serious questions of integrity and abuse of authority within the Office of the SECNAV that merit your attention.

Additionally, the pertinent regulations require that the Silver Star be awarded within 5 years of the date of the combat action. SECNAVINST 1650.1G contains time limits for the submission of recommendations. In the case of the Silver Star, the Instruction states: “3 years from the date of action. Award must be made within 5 years of date of action (5).” (See Appendix A, Page 2-34 to SECNAVINST 1650.1G.)

Pursuant to this Directive, even assuming Secretary Lehman’s ex post facto autopen ratification of the award of the Silver Star is not a legal nullity, Secretary Lehman’s actions occurred more than 5 years from the date of the action and is consequently null and void on these grounds alone.

The various changes in citation language between each version of Senator Kerry’s “award,” and the questions concerning legitimate approval of authority may also make the award a nullity. Should the “Lehman Citation” be found null and void, (particularly given the questions concerning approval authority and the three versions of the citation language) then Senator Kerry may run afoul of 18 U.S.C. 704 which prohibits the “unauthorized wear of any decoration. . .” and carries criminal sanctions.

Furthermore, Senator Kerry’s records reflect the award of a Vietnam Service Medal with 4 bronze stars. Military experts consulted by Judicial Watch believe Kerry’s brief tour of duty in Vietnam would have merited no more than 2 bronze stars on a Vietnam Service Medal. Interestingly, Senator Kerry’s records contain a DD Form 215, used by Senator Kerry to correct his DD Form 214, in order to add additional campaign stars on his Vietnam Service Medal, but failing to correct the gross error of a “Silver Star with Combat ‘V.’”

Senator Kerry’s signature on his DD Form 214 certifies that his record of service and “Report of Transfer of Discharge” is accurate and complete. Every person who has served in the U.S. Armed Forces understands and appreciates the importance of the DD Form 214. 18 U.S.C. 1001 (“False Official Statement”) applies to persons who knowingly provide false, misleading, or incomplete information for their DD Form 214, and then certify the information on the form with their signature.

Many Swift Boat Veterans have questioned the legitimacy of Senator Kerry’s Purple Heart awards. We addressed the Purple Heart matter and Senator Kerry’s notorious, dishonorable conduct as a Commissioned Officer in the inactive Naval Reserve during the period January 1970 through July 1972 in our August 18, 2004 letter.

These contradictory and inconsistent records demand your full investigation. Indeed, Senator Kerry’s own biographer, the historian Douglas Brinkley, author of Tour of Duty, called for further examination of Senator Kerry’s records stating, “Clearly some of these military records should be made available to the press,” while appearing on Steve Malzberg’s WABC radio show on Saturday, September 5, 2004.

We call upon Secretary of the Navy Gordon R. England to launch a full investigation of the awards granted Lieutenant (jg) John Forbes Kerry, USNR, as well as Kerry’s conduct subsequent to the granting of the awards, with respect to the Secretary’s obligations under paragraph 116 of SECNAV Instruction 1650.1G.

Judicial Watch is prepared to assist you in your full investigation. Please contact me if you have any questions or require additional information.

Sincerely,
JUDICIAL WATCH INC.

Thomas Fitton
President


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: fraud; kerry; purplehearts; silverstar; swiftvets

1 posted on 09/15/2004 1:53:14 PM PDT by Conservative Coulter Fan
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To: Conservative Coulter Fan

In the imortal words of Eric Cartman:
"Kickass!"


2 posted on 09/15/2004 1:56:55 PM PDT by counterpunch (The CouNTeRPuNcH Collection - www.counterpunch.us)
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To: Conservative Coulter Fan

Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, Boorda, ...


3 posted on 09/15/2004 1:57:37 PM PDT by hang 'em (It's not a religion, it's a DISEASE.)
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To: Conservative Coulter Fan

Do you think anything will come of this?


4 posted on 09/15/2004 1:58:01 PM PDT by HeadOn (Free men do not ask permission to bear arms.)
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To: HeadOn
Do you think anything will come of this?

Judicial Watch will be as successful with this as they have been at everything they have ever done in the past. After taking in $75+ million dollars over the past few years remember they won, uh, they won, uh, what case did they ever win with all that money?

5 posted on 09/15/2004 2:01:51 PM PDT by isthisnickcool (Only dummies play poker with George W. Bush.)
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To: HeadOn

I am certainly convinced John Kerry didn’t earn his first Purple Heart, third Purple Heart, Bronze Star, or Silver Star. There is a preponderance of evidence and if the Navy does its job – they’ll be revoking those medals. I’m not going to say I’m completely convinced because the Navy could always bow to political pressure during a Presidential Campaign and the media at least seems to be keeping it quiet. You certainly don’t see Tom Fitton on primetime news.


6 posted on 09/15/2004 2:06:10 PM PDT by Conservative Coulter Fan (BURN IN HELL, MICHAEL MOORE!)
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To: isthisnickcool

Yeah, I'm afraid you're right...


7 posted on 09/15/2004 2:06:19 PM PDT by HeadOn (Free men do not ask permission to bear arms.)
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To: isthisnickcool
they won, uh, they won, uh, what case did they ever win with all that money?

I believe they got Linda Tripp compensation from the Defense Dept for releasing her personnel file.

8 posted on 09/15/2004 2:07:45 PM PDT by Wil H
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To: Conservative Coulter Fan

Seems like it's almost a conflict of interest for the Secretary of the Navy to investigate his boss' political rival....

Not that I care, but the Navy might.


9 posted on 09/15/2004 2:08:36 PM PDT by HeadOn (Free men do not ask permission to bear arms.)
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To: Conservative Coulter Fan

I think this analysis just about sums this story up:

http://members.aol.com/endclint0n3/giantsuckingsound.jpg


10 posted on 09/15/2004 2:09:15 PM PDT by Calpernia (Breederville.com)
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To: HeadOn

I believe the obligations of the Secretary of the Navy under the law were summed up in the last paragraph. I would suggest it is any more a conflict of interest that John Ashcroft investigating any other Democrat that violated the law.


11 posted on 09/15/2004 2:30:15 PM PDT by Conservative Coulter Fan (BURN IN HELL, MICHAEL MOORE!)
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i emailed them and suggested while they were asking for records relating to kerry's awards, why not obtain the records relating to his discharge....
i have seen many different things on his discharge, like he didn't actually receive an honorable discharge until over a decade after his time should have been up....what's up with that?


12 posted on 09/15/2004 3:08:22 PM PDT by jer2911tx (john kerry doesn't like rice, or as he calls it 'weapons of ass destruction')
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To: jer2911tx
Most of the time that you received a early out you get a general discharge under Honorable conditions which converts to a Honorable discharge after your original discharge date.
13 posted on 09/15/2004 3:18:15 PM PDT by teancumspirit (Like Teancum, (the warrior of old ) I am mad at the enemy, they are evil, they must be stopped.)
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