AWOL? Deserter? Here are the FACTS.

[trof]

This cropped up again on another thread.
I first posted the following about a year ago. They are the facts as I know them and have researched them on the web. It is NOT an apologia for bush*, just an explanation of the circumstances and situation.
trof

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.

I was a pilot in the ALANG 1963-1972. I can find no documentation of Alabama 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 (ALANG). 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 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 boots 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. 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 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.

[ayeshahaqqiqa]

1. thanks for all this information

because it will bolster my arguments with freepers. I don't expect Shrub to pay for his misdeeds-he never has-but I do want to publicize what he did because, imho, it shows up his true character. Rove & Co are always out to paint Shrub as this 'moral conscientious man'. Shrub's record, both in the military and in business, belies these facts. Since more people are familiar with the military than the oil business (and because it is a more emotional issue) I like to bring up the fact that Shrub didn't report to his unit, and, essentially, let down his country in time of war. Even if there were no penalties involved with his actions, they were far less than honorable. They were the actions of a privildged rich white man who has always looked for the easy way out of things.

[trof]

2. It is my deepest hope

that he will be confronted by this in a debate.

[Skittles]

9. people who haven't served cannot challenge him

and I know General Clark would bring it up because DAMMIT it is an affront to all of us who served and know that WE would have been tracked down and thrown in the SLAMMER for what Dubya did.

[underpants]

3. Technically he missed service with the ALANG not TANG

He was released from TANG to serve with ALANG but never showed. They claim he made it up when he got back to Texas but that doesn't compensate ALANG for the time he missed.

[trof]

5. That move may have been illegal for TANG.

To be released from Texas, there should have been an acceptance by Alabama. There is no record of such.

Other damning evidence:
According to his military service timeline, he enlisted in TANG May 27, 1968. He got his wings in March 1970, which would indicate that be began training around Feb. or March 1969. It was approximately a 55 week program. This would indicate a commitment until March of 1976.

In May of 1972 he "transfers" to Alabama.
In August of 1972 he is grounded for missing his required annual flight physical.
After approximately 2 years and 2 months of service, he NEVER flies again.
On October 1, 1973 he is released from further obligation by TANG to attend Harvard Business School.
His rank when discharged is 1st Lieutenant.
Every other air national guard pilot makes Captain well before his commitment is up.

[trof]

6. url for timeline

http://www.motherjones.com/cgi-bin/print_article.pl?url=http://www.motherjones.com/news/outfront/2003/01/ma_217_01.html

[aquart]

4. It was lovely when Bush had to stop campaigning

As a fighter pilot. They were all set to capitalize on the photo op image when Marty Heldt dug this stuff up under FOIA and put it out there to veterans groups et al.

All of a sudden we stopped hearing about George the Fighter Pilot. (Oh my, why do I now have a suspicion that the doll that came out in fighter pilot costume after the Lincoln incident may have been sitting in warehouses since the campaign?)

[Turbineguy]

7. OK, I confess

I bought one of the dolls to hang in effigy in my car. I'm afraid to do it however because I expect that some freeper would kick in or scratch the car.

But another interesting thing about the doll is it salutes with the left hand. How fitting.

Thanks for the interesting post, trof!

[papau]

8. Sorry - BUT AWOL is what folks understand - and a punishment of

a 6 month add-on to his time in the guard was given him.

Let Bush explain that the punishment was not for "AWOL"

and instead was for "TEXAS AWOL"

and besides the current law was passed in 87 and he does not remember the law before then

- and since then the drugs, drunk driving, the getting a 15 year old pregnant and paying for and arranging her abortion, that occurred after AWOL but before "born again" do not count in todays debate about which Dem is not exact in their language and can be accused of telling lies or be being hot under the collar - indeed if the media has its way - their will be no debate about Bush background or ethics

there will be only a crowning.

[elperromagico]

10. Kick

:kick:

[SpiralHawk]

11. Thanks Trof

"I'm the master of low expectations."
- George W. Bush, Aboard Air Force One, June 4, 2003

[trof]

12. Indeed he is.

Lowest of the low.

[CanuckAmok]

13. Too bad they don't let him take the controls one day...

...and rename it "Economy One" just before he plows it into the ground.

[Nlighten1]

14. Al Gore invented the Internet.

Don't let facts get in our way OK?

Seriously though...thanks for the information.