Dave Eberhart, NewsMax.com
Friday, June 25, 2004

A recent lawsuit filed by the Associated Press seeks access to an unabridged copy of President Bush's microfilmed military personnel file from the Texas State Library and Archives Commission in Austin.

But so far, the media have been slow to pursue John Kerry on the release of his full military record by using a standard form that would clear up questions about his record.

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  In February, President Bush, after a request by Tim Russert of NBC, released a ream of documents germane to whether Bush fulfilled his service obligations.

There quickly followed the release of payroll information from a military archive in Denver illustrating that the president was paid for at least the minimum training time he was obligated for in 1972 and 1973.

Apparently the media hasn’t been happy with that, or believe President Bush is hiding something.

For his part, Kerry emphatically told Russert on “Meet the Press” last April that “people” could come on down to his campaign headquarters to eyeball his full file of military records.

“They’re available to you to come and look at. People can come and see them at headquarters and take a look at them,” Kerry told the host.

Russert had asked Kerry if he would release his complete file. Kerry shot back to Russert’s request, “They are” – indicating the records were already released.

That was not the case and since then the Kerry camp has selectively released hundreds of documents and made them available on his campaign website.

But critics say there is no way to know if Kerry really released his full file.

Meanwhile, June 25 is the day that a petition signed by numerous veterans will be served on Kerry beseeching the presidential candidate to execute a waiver of privacy and voluntarily submit the entirety of his military jacket to public scrutiny.

Both candidates have already released more than the law requires.

Under the Freedom of Information Act and the Privacy Act, the public has access only to limited military service information without the veteran's express authorization/waiver – “name, service number, rank, dates of service, awards and decorations, and place of entrance and separation,” according to the final authority on the matter, the National Archives and Records Service.

Both candidates have already surpassed these rules designed to protect their privacy. However, the military records of both candidates have continued to be questioned.

In the case of Bush, researchers such as the AP suggest that it remains unclear from the records now available what exact duties he performed for the military when he was working on the political campaign of a U.S. Senate candidate in Alabama.

Sought among other Bush documents: disciplinary reviews, tax records, or personal letters, which would help determine his exact whereabouts in 1972-73. Bush’s medical records have also not been disclosed thus far.

As to Kerry, the rub is with qualifying the seriousness of his Purple Heart wounds and “how and under what circumstances were they received; and who (what qualified medical service personnel) verified and described the wounds into the medical record,” according to a draft of the June 25 petition.

Waiver by Bush?

In its suit, the AP alleges that Bush gave an oral waiver of his right to privacy re his military records in a TV appearance preceding the White House's release this year of materials concerning his National Guard service. The news service followed up with a formal request for full disclosure.

However, according to the AP’s court pleadings, "[The government] did not expedite their response ... they did not produce the file within the time required by law, and they will not now estimate when the file might be produced or even confirm that an effort has been initiated to retrieve a copy from the microfilm at the Texas archives.”

The AP also complains that the White House has never responded to a request by the AP in April asking the president to sign a written waiver of his right to keep records of his military service confidential.

Meanwhile, the office of the chief of the National Guard Bureau's support services division has advised that according to the law social security numbers, medical records and personnel and administrative information of Bush and others are routinely withheld, “as release of this information would be a clearly unwarranted invasion of the personal privacy of the personnel affected.”

It remains to be seen if the AP has any success with its suit. However, the Bush records the organization seeks – although they are archived in Texas – are considered a system of federal records and fall under the auspices of the National Archives, which is very pointed in its regulations regarding any waiver by a veteran:

“The authorization must 1) be in writing; 2) specify what additional information or copies that NPRC (National Personnel Records Center) may release to you; and 3) include the signature of the veteran or next-of-kin.”

Historian: AP Should Go After Kerry

The Kerry petitioners concede the privacy point:

NewsMax talked with B.G. Burkett, co-author of “Stolen Valor: How the Vietnam Generation Was Robbed of Its Heroes and Its History,” and award-winning Vietnam historian.

Veteran Burkett opined that he wished the AP was going after Kerry with the same vigor as Bush.

“I would challenge both candidates to sign off on a Standard Form 180 (the waiver) and release all records to a major press outlet.”

If Bush had given an oral waiver releasing his records, had not Kerry done the same when he claimed to Tim Russert that his file had been fully released and available for public review?

Burkett is particularly upset with Kerry’s recalcitrance to open all his military records. “He has made such a big deal about his record.”

Burkett said he cannot say with confidence that Kerry has released, as his campaign has claimed, his full military record.

Soon after Kerry released his file, he published to his campaign web site an “after action” report that became controversial. Edward Peck, who was the skipper of Swift Boat 94 before Kerry took over, said combat reports posted by the campaign for January 1969 involve action when he was the skipper, not Kerry.

Burkett agrees that compelling the records by some legal design is unlikely to bear fruit.

When pressed, however, Burkett told NewsMax that in his opinion neither Kerry nor Bush was likely to sign off on a blanket waiver of privacy.

Editor's note: