Still relevant
Posted by trof on Wed Feb-04-04 12:27 AM
I send this out every time it comes up on the web. Maybe somewhere it will get some traction. Feel free to use any or all of this, with or without attribution.
At the time I joined the guard (1963), my unit was in dire need of pilots.
The 117th Tactical Recon Wing and the 106th Tac Recon Squadron were recalled to active duty in October 1961 during the Berlin Crisis.
The units were relieved from active duty in August 1962.
Many of the pilots elected to remain on active duty and make a career of the Air Force.
I heard about their pilot training program and just walked in off the street. I took a 4 hour Air Force Officer Qualification Test (AFOQT,
basically the old Stanine general intelligence test) and another four hour Flight Aptitude test. I passed both, although I don't remember what a passing grade was. I do remember that 8 or 10 of us were taking the tests
and only 2 of us passed. I also took and passed a flight physical with the base flight surgeon. You DO NOT take a flight physical with your "personal" physician.
While my test papers and applications were
forwarded to National Guard Bureau in Washington for processing and approval, the FBI ran a security check on me. A few weeks later I was notified that all preparations were complete and that I could present myself
at the monthly drill week-end for swearing in with a temporary commission as a 2nd Lt. No boot camp, no nuthin'. The temporary commission was to become
permanent upon my successful completion of pilot training.
A few months later, my unit secured a slot for me in a USAF pilot training class. It was a 55 week program. When I was awarded my wings, I returned to Birmingham, AL (106th Tactical Reconnaissance Squadron, 117th Wing,
Alabama Air National Guard) and 90 days of active-duty-for-training to check out in our unit's aircraft, the RF-84/F. I then completed my 6 year obligation and was honorably discharged with the rank of Captain.
Massey Lambard
Foley, AL
AWOL? Deserter? Here are the FACTS.
Uniform Code of Military Justice (UCMJ)
http://www.au.af.mil/au/awc/awcgate/ucmj.htm#802.%20ART.%202.%20PERSON...
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.
I was a pilot in the ALAANG 1963-1972. I can find no documentation of Alaba
ma military regulations on the web, but here's what I know to be true from personal experience:
When I joined the guard to be trained as a pilot I signed an agreement, a "contract" if you will. Upon successful completion of USAF pilot training,
I was committed for six years of service in the Alabama Air National Guard (ALAANG). Pilot training lasted a little over a year, so my basic obligation was for seven years.
If I had done exactly the same thing Bush did, skipped out and not shown up for required drills and Flight Training Periods (FTPs)
1. I would have been located/contacted (if possible) by a superior officer on an "unofficial" level and asked about my absence. In reality, it would have been unthinkable for me or any of my squadron-mates to just drop out of
sight without any prior communication with my squadron or wing as to a reason for this.
2. If I had no satisfactory "unofficial" explanation I would be required to meet with an evaluation board of senior officers to explain my actions. If
necessary, I would have been taken into custody by military police.
3. Now it gets "official" If the board found I had no acceptable excuse, they could offer three options.
a. I could make up the missed periods, possibly by extending my
obligation.
b. If I was unwilling to do this, I could have been assigned to
"involuntary active duty" (essentially "drafted"), probably into the Army, as a private, for a period not to exceed the balance of my obligation. At the time, that was a ticket straight to Viet Nam.
c. If I refused, I could be sent to jail for the balance of my obligation, probably to Leavenworth Federal Penitentiary.
You can see why it was in my best interest to show up each and every time with a shine on my shoes and a smile on my face. That Bush was able to shirk his obligation with absolutely no penalty angers me. It was wrong,
and he should have paid. But he didn't. He had the right connections and he got off scot free. Another reason this was "papered over" is that, had it been publicized, his commanding officers would have been seen as guilty
of dereliction of duty in not dealing with the situation according to established military regulations.
Two more points:
1. Bush was mustered out as a 1st Lt. As a normal matter of course, just serving the necessary time-in-grade and having no major black marks in their records, all National Guard pilots were awarded the rank of Captain a year
prior to completing their 6 year obligation. That Bush did not speaks volumes and should have been a "red flag".
2. In spite of Bush's flagrant disregard/violation of military regulations, he received an Honorable Discharge (which cheapens mine and the accomplishments of all who have received one). This is one of the strongest
"talking points" used by his supporters.
We can bemoan the fact, and wail and gnash our teeth, but there's no way (that I know of) that this wrong can be righted. I won't "get over it", but I can move on. We can publicize this as much as possible, but he will never
be brought up on criminal charges over it.
Periodically someone discovers
http://www.awolbush.com for the first time and thinks "Aha!". Well, I'm glad you learned about it. Go tell others, for whatever that's worth. But don't think you will ever see Bush in a court of law, military or civilian,
because of this. The only small, faint hope we have is the court of public opinion.
