All Volunteer Force
By James North, USMC, (Ret.)
The welfare of this country's active duty and retired military personnel are at
stake. Military veterans have now been blocked twice in their efforts to present
their case in federal court to overturn the Uniformed Services Former Spouse
Protection Act (USFSPA). DOD lawyers again filed a "motion to dismiss" on
December 21 which stated that veterans' have no right to challenge a federal law
they contend unfairly penalizes divorced military retirees, and which adversely
affects the nations ability to maintain an "all volunteer" military force. The
DOD's arguments are tantamount to disenfranchising the entire military from
basic rights guaranteed to all citizens under the U.S. Constitution.
A large group of active duty and retired divorced veterans, from all branches of
the armed forces, spearheaded by the ULSG LLC, filed a lawsuit in Federal Court
in Virginia on April 30, 2004, seeking to overturn a public law (USFSPA) which
permits state courts to award up to 50 per cent of a veteran's military retainer
pay (referred as retirement pay by the state courts) to an ex-spouse for the
remainder of the veteran's life, even if the ex-spouse remarries.
Congress enacted the USFSPA in 1982. An earlier US Supreme Court decision ruled
that military retainer pay was not civilian community property to be divided by
state courts. Now, two decades later, state divorce courts are still designating
a veteran's military retainer pay as civilian community property to be divided
between the veteran and the ex-spouse. Only the military, no other agency or
branch of the government has their retainer/retirement pay designated as
civilian community property, which can be divided, by a state court.
Application of this outdated and poorly written law by state divorce courts has
been highly inconsistent and is subjecting veterans to substantial injustices
and financial injury. Some veterans who retired before, and/or were divorced
before the USFSPA became law had their cases reopened and lost half of his, or
her retirement pay. In some instances state courts have cited the USFSPA as
justification for distributing a veteran's disability pay to the ex-spouse; an
act clearly not permitted under federal law. The government has looked the other
way on these illegal enforcements for years. Now, DOD lawyers are using
frivolous legal technicalities to disqualify all veterans from even challenging
the USFSPA in federal court in their effort to repeal this law that wreaks
unfair and grievous financial harm on many retired veterans.
Veterans affected by this law participated in hazardous
duties, combat operations, and some are partially or 100% disabled. They
continue to fall under the Uniform Code of Military Justice and are all subject
to recall to active duty in the time of war or national emergency declared by
the President of the United States, many affected by this law have been recalled
to active duty.
Even though military ex-spouses have not completed the requirements to receive
military retainer pay, the USFSPA passed by the 1982 congress, qualified and
assigned ex-spouses a method to receive a backdoor payment of military retainer
pay, paid directly to them by the Department of Defense, Defense Finance and
Accounting Services (DFAS) with taxpayers money, for life.
The active duty force, male and female alike, are contesting the government's
policy in this matter in the continuation of a law that permits them to be
stripped of up to half their military retainer pay after completing 20 to 30
years of honorable service. They are questioning the rationale for their
conducting hazardous work for 20 to 30 years and getting paid for 10 to 15. The
increasing reluctance of members to extend on active duty or make the military a
career is increasingly being reflected in the shrinking "all volunteer" force
numbers. Citizens may wish to review the complete lawsuit proceedings at
www.usfspa-lawsuit.info
###
CONTACT INFORMATION
Jim North
Fleet Marine Corps Reserves
586-909-5971
Email us Here
Jim North - gymgemjim@comcast.net
USFSPA
The
Secretary of Defense Donald H. Rumsfeld’s and his DOD attorneys continue to
demonstrate a complete disregard for the welfare of this country\'s disabled
veterans, active duty and retired military personnel. He has twice blocked
veterans\' efforts to present their case in federal court to overturn the
Uniformed Services Former Spouse Protection Act (USFSPA). Rumsfeld’s DOD lawyers
again filed a \"motion to dismiss\" on December 21 which stated that veterans\'
have no right to challenge a federal law they contend unfairly penalizes
divorced military retirees, and which adversely affects the nations ability to
maintain an \"all volunteer\" military force. The DOD\'s arguments are
tantamount to disenfranchising the entire military from basic rights guaranteed
to all citizens under the U.S. Constitution. A large group of active duty and
retired divorced veterans, from all branches of the armed forces, spearheaded by
the ULSG LLC, filed a lawsuit in Federal Court in Virginia on April 30, 2004,
seeking to overturn a public law (USFSPA) which permits state courts to award up
to 50 per cent of a veteran\'s military retainer pay (referred as retirement pay
by the state courts) to an ex-spouse for the remainder of the veteran\'s life,
even if the ex-spouse remarries. Congress enacted the USFSPA in 1982 and
completely disregarded an earlier US Supreme Court decision that ruled military
retainer pay was not civilian community property to be divided by state courts.
Now, two decades later, state divorce courts are still designating a veteran’s
military retainer pay as civilian community property to be divided between the
veteran and the ex-spouse. Only the military, no other agency or branch of the
government has their retainer/retirement pay designated as civilian community
property, which can be divided, by a state court. Application of this outdated
and poorly written law by state divorce courts has been highly inconsistent and
is subjecting veterans to substantial injustices and financial injury. Some
veterans who retired before, and/or were divorced before the USFSPA became law
had their cases reopened and lost half of his, or her retirement pay. In some
instances state courts have cited the USFSPA as justification for distributing a
veteran\'s disability pay to the ex-spouse; an act clearly not permitted under
federal law. The government has looked the other way on these illegal
enforcements for years. Now, DOD lawyers are using frivolous legal
technicalities to disqualify all veterans from even challenging the USFSPA in
federal court in their effort to repeal this law that wreaks unfair and grievous
financial injury on many retired veterans. Veterans affected by this unjust law
regularly participated in hazardous duties, combat operations and some are
partially or 100% disabled. They continue to fall under the Uniform Code of
Military Justice and are all subject to recall to active duty in the time of war
or national emergency declared by the President of the United States, many
affected by this unjust law have been recalled to active duty. Even though
military ex-spouses have not completed the requirements to receive military
retainer pay, the USFSPA passed by the 1982 congress, qualified and assigned
ex-spouses a method to receive a backdoor payment of military retainer pay, paid
directly to them by the Department of Defense, Defense Finance and Accounting
Services (DFAS) with taxpayers money, for life! The active duty force, male and
female alike, are contesting the government\'s policy in this matter in the
continuation of a law that permits them to be stripped of up to half their
military retainer pay after completing 20 to 30 years of honorable service. They
are questioning the rationale for their conducting hazardous work for 20 to 30
years and getting paid for 10 to 15. The increasing reluctance of members to
extend on active duty or make the military a career is increasingly being
reflected in the shrinking \"all volunteer\" force numbers. Citizens may wish to
review the complete lawsuit proceedings at
www.usfspa-lawsuit.info. In
retrospect, American citizens who prefer the \"all volunteer\" military force in
lieu of the mandatory military DRAFT should be concerned of the reluctance of
military members who do not wish to extend on active duty or make the military a
career as \"promises made\" are not \"promises kept\" and prospective military
applicants and active duty members alike are becoming more and more aware of
these promises not kept, as reflected in the shrinking \"all volunteer\" force
numbers. Judge Cacheris is again to reconsider the DOD’s dumbfounded attempt
“Motion to Dismiss” for a third time. Will Judge Cacheris be respected and
recognized by all American citizens and military members alike or will he be
criticize for his failure to respect our veterans rights, all who have proudly
served and continue to serve this Nation’s Armed Forces? James T. North MSgt,
U.S. Marines Retained Fleet Marine Corps Reserves Category II, Deployable
I thought the following story would be of interest to you.
All Volunteer Force
To read the entire story, visit http://www.prweb.com/releases/2005/1/prweb196438.php.