For Immediate Release 79
September 4, 2010
Iowa State
Veteran’s Service Officer Jailed
Jerry Bohr of Ossian Iowa is now incarcerated in the Winneshiek County jail.
Bohr is serving a 30 day sentence for contempt of court. Bohr reported to the
jail at 5pm today.
The
sentence was handed down last month by Judge Richard D. Stochl, 1st
Judicial District Court of Iowa, for noncompliance of a previous child support
order. It is this previous order which has led to Bohr’s incarceration. Jerry
Bohr refused to comply with his divorce settlement agreement which wrongly
calculated his VA disability compensation into his divorce as ‘income’ and
therefore a ‘divisible asset’. Bohr was found in contempt of court for not
honoring the attachment of his veteran’s benefits to his divorce settlement, now
Jerry Bohr is in jail. According to Federal Code this practice by state court
judges is a violation of the Federal laws which protect veteran’s benefits from
the claim of creditors, from attachment, levy, or seizure by
or under any legal or equitable process whatever, either before or after receipt
by the beneficiary..
[Video Note:]
KWQC TV6 (April 2009) News broadcast features Jerry Bohr and members of
Operation Firing For Effect, the Veteran’s Advocacy Group. This video provides a
thumbnail sketch of the OFFE organization and the 5301 issue in
Iowa.
If
anyone should know something about the laws which govern the benefits earned by
our men and women in uniform, it is those individuals who see and service our
veterans on an every day basis. Jerry Bohr is a State of Iowa Veteran’s Service
Officer with an office in Winneshiek County and many years of experience dealing
with the needs of Iowa veterans. Bohr is very well versed in the laws and
regulations contained within USC, Title 38, which is the Federal Code that
regulates and protects the benefits and entitlements earned by our men and women
in uniform after they are discharged from the military. Jerry Bohr is also an
Honorably Discharged disabled U.S. Army veteran with a service connected VA
disability rating. Between his VA disability compensation and his job with the
state, Bohr has no other assets.
The disagreement between Judge Stochl and Jerry Bohr centers around USC, Title
38, 5301, which clearly states that veteran’s disability compensation is
protected from attachment under any circumstances, and by/under any legal or
equitable
process whatsoever.
Unable to acquire an attorney willing to go up against the judge, Jerry Bohr was
forced to represent himself in court. Although Bohr was well prepared and
presented his case in a respectable manner, none of that would matter; the judge
was not going to reverse him self. Bohr was ordered to serve 30 days in jail
with work release, and then to add insult to injury, Judge Stochl ordered Bohr
to pay all of his ex-spouse’s attorney’s fees. If Bohr doesn’t pay the court
ordered support by the 30 days, he will be sentenced to another 30 days, or
more, until he pays the court ordered support. According to Judge Stochl the
federal law carries no weight in his courtroom and Jerry Bohr was merely
attempting to hide behind a very old outdated federal law.
According to
Operation
Firing For Effect
(OFFE), National Chairman, Gene Simes the judge got part of it right, 5301 is a
very old law - which dates back to the founding of our nation. Unfortunately,
civil courts across this nation are choosing to totally ignore our Forefather’s
pledge to our combat disabled Patriots by finding slick and clever ways to
distort and desecrate a Nation’s promise to her military forces. If indeed
Federal law takes precedence over State law, then a majority of civil courts
across the U.S.A. are in direct violation of federal code by forcing a disabled
veteran to use his/her tax-free VA disability compensation as income to pay
alimony, spousal support, child support, or to pay third party attorney fees, or
face jail.
Jerry Bohr has never refused to pay child support. However, Bohr has states he
will only pay the court order if the amount of support is calculated without the
inclusion of his veteran’s benefits as income. Jerry Bohr is not a deadbeat
father. Bohr shares custody of the Bohr’s two minor children and he sees his
kids every other weekend at his expense. Jerry Bohr is very involved in the
raising of his kids. He is an active parent and responsible father. Now, thanks
to Judge Stochl, who has no respect for federal law, two weekends a month Jerry
Bohr’s kids will not see their daddy because he is in jail. One can’t help but
wonder what the kids on the school grounds will say? Before Bohr left for jail
today, he called his 2 sons and told them someday they will understand why daddy
had to go to jail.
It
is not known if Jerry will still have his job with the State when he is finally
released from jail. Bohr expects to be ordered back to jail for another 30 days
or longer, because he has no intention of complying with Judge Stochl’s ruling.
Jerry Bohr is the 7th member of
Operation
Firing For Effect
and
AREA 5301
to be arrested and jailed for refusing to allow their veteran’s benefits to be
misused as ‘income’ in a divorce. Severely disabled veteran Joseph Dziubak of
Albert Lea Minnesota was just released after serving 10 days not allowing his VA
disability compensation to be used to pay alimony. Joseph is now facing 90 days
behind bars, wheelchair and all. The veterans of this country need to understand
that this man is standing up for the protection of every veteran’s disability
benefits, not just his own.
Jerry Bohr is a valued member of OFFE and we will do everything in our power to
get Jerry released with his veteran’s disability benefits intact. OFFE will be
monitoring Jerry’s incarceration and case very closely.
We
invite all veteran service organizations and supporters to get involved in this
issue. We need grassroots activist and boots on the ground in Iowa and Minnesota
now! Our disabled veterans are being persecuted and everyone needs to get
involved. This is not a child support issue, nor an alimony issue. This is about
protection of the disability compensation awarded to our battlefield wounded and
disfigured. This is about honoring a law that was written by our Founding
Fathers after the Revolutionary War. This is about a veteran’s rights in
civilian courts. This is about restoring due process of law for our disabled
veterans. If there was ever a time and reason for our veterans to unite and rise
up, it is now. OFFE is asking everyone to bombard the office of Iowa Governor
Chet Culver with phone calls of support for Jerry Bohr, (515)281-5211.
[Video Note:]
KAAL, TV6 News (May 25, 2010),
Albert Lea,
Minnesota, Disabled Veteran Joseph Dziubak Goes to Jail.
http://www.youtube.com/watch?v=5QUqoJfyATg
‘AREA 5301’
is a web page created by
Operation
Firing For Effect
devoted exclusively to the 5301 issue.
Operation
Firing For Effect
is currently the only national organization addressing this issue.
http://jerebeery.com/AREA%205301.htm
[Video Note:]
WIBW TV13 News (August 2010) broadcast is the latest coverage of this issue.
http://www.youtube.com/watch?v=IyANu07a0u4
Iowa Media Contact: Jeff Showalter, Stardust Radio, 1690 AM, Riverside, Iowa