PRESS RELEASE #20
Van Luven Receives Support From Australian Disabled Veteran
By Staff Writer: Rick Townsend
11/19/04
Vietnam combat disabled veteran Dale Van Luven is currently serving his 17th day behind bars for refusing to give up his federally protected VA disability compensation for court ordered alimony. Van Luven is serving a 30 day sentence at the Correctional Work Center in Nashville Tennessee. On November 3rd, Circuit Court Judge Muriel Robinson sentenced Van Luven to a month in jail on Contempt of Court and non-payment of alimony charges. A review of the Van Luven case reveals Judge Robinson calculated Van Luven’s ability to pay $1000 a month in alimony based primarily on his monthly VA disability compensation check. This is a direct violation of U.S. Code, Title 38, Section 5301(a) and U.S. Code, Title 42, Section 659.
One such critic of the Robinson ruling is veteran’s rights advocate Jere Beery of Jefferson Ohio. “Legislators went to a great deal of effort to create statutes to protect veteran’s disability benefits from assignment or attachment in any form before, or after received by the veteran. The wording and intent are very clear and absolute. Nowhere in Title 38 or 42 is written any exception for the payment of alimony. Judge Robinson has violated federal law in the Van Luven case, and he is wrongfully incarcerated,” Beery stated.
Another Vietnam combat disabled veteran has taken an interest in the Van Luven case. Australian born veteran’s rights advocate Graham MacLeod has offered to make a financial contribution to a defense fund established here in America to pursue the matter in court. MacLeod served with the Royal Australian Air Force in Vietnam. His Squadron was attached to the U.S. Air Force 35th Tactical Fighter Wing at Phan Rang Air Base. Prior to that, MacLeod served in the Royal Australian Army Engineers and later served in the famous 11th Battalion, Royal Western Australian Regiment (Infantry). During his Vietnam service MacLeod flew missions with the USAF 310th and 311th Air Commando Squadrons (Fairchild Hiller C123K Providers) airlifting supplies and ammunition into Special Forces bases around the country. MacLeod also worked operations with the US Army 101st Airborne and US Army 10th Aviation Battalion (Cessna O1 Bird Dog). “When I returned from Vietnam, I attended Technical College and took distinction level qualifications in Industrial Hygiene and Medicine, Industrial Law, Australian Sanitary Engineering Practice and Occupational Health and Safety. I also qualify as an Inspector of what is now known as Occupational Health, Safety and Welfare. In 1990 I was declared "Totally and Permanently Incapacitated" as a result of my war caused disabilities and granted a "Special Rate" war pension,” MacLeod added. MacLeod’s resume doesn’t stop there however.
Several months ago, while researching veteran’s benefits on the internet, MacLeod discovered information on the Jere Beery and Dale Van Luven cases. “I have been following these two combat veteran’s plight for some time now,” MacLeod said. “In fact, a number of mates here in Australia are watching this matter very closely,” he added.
Macleod’s interest revolves around the issue of veteran’s benefits being awarded to non-veteran ex-spouses by U.S. state judges for alimony. In both the Beery and Van Luven cases, VA disability compensation was used to determine the disabled veteran’s ability to pay alimony. Many within the U.S. and allied forces veteran’s community feel this is a direct violation of existing statutes created to protect such benefits. In fact, a review of U.S. Code, Title 38, Section 5301(a) and U.S. Code, Title 42, section 659 clearly implies that even attachment by calculation is not allowed.
Meanwhile, Vietnam combat disabled veteran Dale Van Luven sits in a Nashville jail. He has currently served half of his 30 day sentence. Once he is released, he faces being jailed again if he doesn’t pay literally thousands of dollars in back alimony, his ex-wife’s health care insurance, and her lawyer fees.
Since early 2004, both Van Luven and Beery have refused to pay any alimony that was factored from their VA disability compensation. In both cases, VA disability is directly mentioned as a divisible asset in their court orders. MacLeod feels strongly that Van Luven is wrongfully incarcerated and has pledged 1000 Australian dollars ($809.00 U.S. dollars) to help Van Luven retain an attorney and pursue the legality of what state judges are doing here in the U.S. “I am trying to coax the American community of disabled war veterans into joining the fight against these types of decisions which are being made by judges like Muriel Robinson. The community of American disabled war veterans needs to band together to fight the injustice which has been done to both Beery and Van Luven,” MacLeod stated in a recent email. “I am also very concerned for Mr. Van Luven’s health in jail,” he added.
Van Luven was held in custody for 11 days before being allowed any of his VA prescribed seizure medicines. Last week, Jere Beery drove 600 miles to Nashville from NE Ohio to hand-deliver to the jail Van Luven’s much needed medications and a letter from VA doctor Alyssa Browning, insisting Van Luven receive his medicines immediately. Beery also visited with Van Luven in jail. Dale is not a criminal, he is a victim of a federal violation of his veteran’s benefits. He does not look well either,” Beery said. “Dale is standing up for what he believes in and it is costing him and his family a great deal of grief,” Beery added. (Click here to read Dr. Browning's letter)
Beery has set up a Defense Fund in Dale Van Luven’s name at an Ohio credit union. Information about this account can be found on WWW.JEREBEERY.COM. Beery explained the fund will be used to retain a lawyer for Dale to pursue his case, and to finance a legal challenge in federal court as to the violation of Title 38 and 42, veteran’s benefits. Beery added, “No part of this money will go towards paying alimony under any conditions. Both Dale and I have refused to pay alimony under any circumstances. Our objective is to force the enforcement of laws already on the books. These laws were enacted to protect against arbitrary diversion of tax payer’s dollars to ineligible able bodied, non-veterans,” Beery stated.
Although the Veterans of Foreign War (VFW), and other national veteran’s service organizations have stated they are very aware of the Beery/Van Luven cases, they have been slow to act. Apparently, this has been a common practice by state judges for many years and many are reluctant to get involved. However, at least one well respected Vietnam veteran’s organization has voiced total support for the two fellow veterans after researching the federal code itself. Game Wardens of Vietnam has devoted much of their home page to the story and have pledged their support, (WWW.TF116.ORG). Former Arizona Sheriff, Richard Godbehere has also voiced his support to help protect veteran’s benefits from similar abuse in the future. Well known U.S. Army, Vietnam Special Forces, Bo Gritz has devoted airtime on his radio program “Freedom Call” to encourage others to assist in helping Dale Van Luven and protecting veteran’s benefits and entitlements, (WWW.RADIO.THEAMERICANVOICE.COM). In addition, several dozen veteran’s rights web sites have posted the issue and story of tactics being used by state judges to strip veterans of their earned benefits by finding ways to get around federal laws. “In my personal divorce case, 100% of my ability to pay alimony was based on my VA disability compensation. The judge knew I had no other financial resources from which to pay alimony,” Beery said. “The irony here is - I’ll bet these judges have a “Support Our Troops” bumper sticker on their cars”, Beery added.
Beery and MacLeod agree that there is a common bond between allied international forces that served in combat zones side-by-side. In addition, the systems in place in Australia operate in much the same way as they do here in the U.S., and recognize the same combat related conditions and diseases.
Macleod has seen this issue before, “In Australia, I recently successfully opposed a case for a disabled Australian Vietnam veteran in our Federal Family Court in a matter which was almost identical to those of Beery and Van Luven. The Australian war service disability pensions and Defense Forces Retirement and Death Benefits are federally legislatively protected against such things as "sale, assignment, charge, execution, bankruptcy, or for any other reason, including operation of law". To my knowledge, I am the only Australian ever to have successfully challenged any Federal Departmental Order for the payment of either "Child Support" or "Maintenance" (alimony) on behalf of another disabled Vietnam veteran,” MacLeod stated.
Needless to say, this story isn’t over yet. According to the volume of email many sources (public and private) are receiving, many veterans from around the world are fighting to keep what they feel they have earned and were promised. Beery has expressed a great deal of gratitude for the international support. “Our friends down under know the ramifications of what happens here could affect them next,” Beery concluded.
[ Totally and Permanently Incapacitated, (TPI) veterans in Australia has exceeded 27,000. Approximately 11,000 are Vietnam Veterans. (Source: Australian Federation of Totally and Permanently Incapacitated Ex Servicemen and Women Ltd.) ]
For the entire story, visit WWW.JEREBEERY.COM
If you care to write to Dale Van Luven, please use this address:
DALE VANLUVEN #209919
Correctional Work Center
448 Second Avenue North
Nashville, TN 37201
Jere Beery – jerebeery@aol.com
Dale Van Luven family - Vietna467@aol.com
Graham MacLeod - birddog@smartchat.net.au
Colonel Bo Gritz - bogritz@msn.com
Richard Godbehere - gsd.hawaii@verizon.net
Game Wardens of Vietnam - President@tf116.org
Click Here For "VAN LUVEN Defense Fund" Information
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY