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American Patriot: The Life and Wars of Colonel Bud Day

Army Lawyer,  Dec, 2007  by Kirsten M. Dowdy

<< Page 1  Continued from page 4.  Previous | Next

BY MAJOR KIRSTEN M. DOWDY (2)

(1) ROBERT CORAM, AMERICAN PATRIOT: THE LIFE AND WARS OF BUD DAY (2007).

(2) Judge Advocate, U.S. Army. Student, 56th Judge Advocate Officer Graduate Course, The Judge Advocate General's Legal Ctr. & Sch., U.S. Army, Charlottesville, Va.

(3) CORAM, supra note 1, at xii.

(4) Id. at 5, 209, 213, 214. See also GEORGE E. DAY, RETURN WITH HONOR (1991).

(5) CORAM, supra note 1, at xii.

(6) See id. at 27.

(7) Colonel Day named this outfit "Misty" after his favorite song, which was recorded by Johnny Mathis in 1959. See id. at 98-99, 124. See also Robert D. Kaplan, Rereading Vietnam, THE ATLANTIC.COM, Aug. 24, 2007, http://www/theatlantic.com/doc/200708u/kaplan-vietnam.

(8) See CORAM, supra note 1, at 135-254.

(9) See id. at 305-44.

(10) See id. at 345-62.

(11) Id. at 356-62. In the beginning of chapter thirteen of American Patriot, Coram describes how Senator Kerry's 1971 testimony was shown to the American POWs by their captors. See id. at 243. The POWs watched in astonishment. Id. Senator Kerry testified that during the Vietnam War, American military men had "raped, cut off ears, cut off heads ... randomly shot at civilians ... and generally ravaged the countryside of South Vietnam...." Legislative Proposals Relating to the War in Southeast Asia: Hearing Before the Subcomm. on Foreign Relations, 92nd Cong. 180 (1971) (statement of John Kerry, Vietnam. Veteran).

(12) CORAM, supra note 1, at 353 (quoting e-mail from Col George "Bud" Day (4 Oct. 2004, 06:45:49 PDT) (on file with author).

(13) Id. at xii.

(14) See id. at 243. North Vietnamese guards classified Americans POWs as criminals claiming that this status afforded them no protections under the Geneva Convention. See id. at 239.

(15) Id. at 243.

(16) See id. at 283.

(17) Exec. Order No. 12,017, 3 C.F.R. 152 (1977), reprinted as amended in 10 U.S.C. [section] 802 (2000).

(18) E-mail from Robert Coram, Author, to Major Kirsten M. Dowdy (29 Aug. 2007, 09:44 EST) (on file with author).

(19) Id.

(20) See DEFENSE REVIEW COMMITTEE, REPORT OF THE 1976 DEFENSE REVIEW COMMITTEE FOR THE CODE OF CONDUCT (1976), available at http://www.dod.mil/pubs/tbi/reading_room/13.pdf. This committee consisted of eleven total members and was chaired by Mr. John F. Aheame, Acting Assistant Secretary of Defense, Manpower and Reserve Affairs. Along with the elimination of the word "only" in Article V, the committee also discussed topics such as UCMJ punishment for violations of the Code of Conduct, Code of Conduct training, and the extent of the power of the senior ranking officer in a POW camp.

(21) Exec. Order No. 10,631, 3 C.F.R. 266 (1954-1958), reprinted as amended in 10 U.S.C. [section] 802 (2000).

(22) E-mail from Col George "Bud" Day, to Major Kirsten M. Dowdy (7 Sept. 2007, 12:09 EST) [hereinafter Day e-mail, 7 Sept. 2007, 12:09 EST] (on file with author).

(23) E-mail from Col George "Bud" Day, to Major Kirsten M. Dowdy (7 Sept. 2007, 14:17 EST)) [hereinafter Day e-mail, 7 Sept. 2007, 14:17 EST] (on file with author).