I am really outraged at my government.  After serving them for over thirty years in the U.S. Navy, and  becoming 100% disabled in the process, you and others in the House and Senate changed the laws to permit almost all of my Disability Compensation to be taken from me and awarded to my unfaithful former spouse who deserted me and moved in with my VIETNAM DRAFT DODGER next door neighbor. Here are the figures that show just how
egregious this injustice actually is, although the law only permits 65% to be garnished, judges routinely award 100% and get away with it, leaving 100% Disabled Veterans destitute.  
Total Retired Pay E-9 with thirty years service: $2689  
V. A. WAIVER FOR 100% DISABILITY: -$1989 
$700 SURVIVOR BENEFIT PLAN, SO FORMER SPOUSE WILL            -174
CONTINUE TO RECEIVE 55% OF MY RETIRED PAY EVEN          $526
AFTER MY DEATH 
GARNISHMENT FOR ALIMONY                                                          -242

284

FORMER SPOUSE DEDUCTION                                                            -98

NET PAY TO ME A 100% DISABLED VETERAN FROM NAVY     $186

V. A. WAIVER (SUBTRACTED FROM MILITARY RETIRED PAY IN ORDER TO RECEIVE V. A. DISABILITY COMPENSATION) $  1989
GARNISHED FOR ALIMONY (60%)                                                      -1193
NET PAY TO ME FROM V. A. DISABILITY                                             796
NET PAY FROM NAVY RETIRED PAY                                                    186
TOTAL NET PAY $982
ADDITIONAL ALIMONY ORDERED BY COURT                                  - 905

NET PAY LEFT FOR A 100% DISABLED VETERAN WHO IS UNABLE TO WORK AND EARN MONEY TO SURVIVE ON:                  $77

TO SIMPLIFY THIS MATH EXERCISE, THE BOTTOM LINE IS,  THROUGH AN INCREDIBLE PROCESS OF SOPHISTRY AND JUDICIAL ALCHEMY, AND UNDER THE ABSURD LAWS YOU ALL PASSED IN CONGRESS, A 100% DISABLED VETERAN WHO IS RETIRED FROM THE MILITARY AFTER THIRTY YEARS OF  SERVICE IS LEFT WITH ONLY $77 A MONTH OUT OF THE $2689 HE EARNED BY OFFERING HIS LIFE TO DEFEND THIS COUNTRY FOR THIRTY YEARS.  THE COURT AWARDED $2612 OF MY NAVY RETIRED PAY   AND V. A. DISABILITY COMPENSATION TO MY UNFAITHFUL FORMER SPOUSE WHO MOVED IN WITH THE NEXT DOOR NEIGHBOR WHO WAS A DRAFT DODGER JUST LIKE CLINTON.

Don Holland

Oh, such profoundness in the selection of the use of the English language. My friend, judge not a man, until such time one walks in my shoes, feels my pain, and touches my feelings of abandonment, or peers into my heart. 

You know me, I did not in the 20 years of proud, dedicated service to this country ever once not give 110% to my duty, my friends, my mission, my comrades, and the task at hand. I never once abandoned them or the mission. I never once gave less than asked. I was a good airman, I was a loyal flag protector, and it was I in the heat, and the snow on those flightlines when I was called upon. I went to the schools, I took the WAPS, I earned the APR's, and I earned the stripes. I earned the respect of my superiors, and my subordinates, and not someone else. I also have not disability, not someone else. 

 Yes, I know in my heart, I gave my loyalty, my dedication, my time, my heart, my integrity, and I was proud of my NCO Creed. And even today, I remain proud of my service to the country. Because no court can ever take away that. 

But they can take away my feelings, they can take away my money, and they can effectively damage my veterans status. I have never been wounded, yet, I find it ironic, I have been wounded in the fight for my veterans rights to disability, and pension by a country I once wore a uniform for. Yes, the ideals I once had, and once admired. 

 I never once quit on them, and you know that. Yet, today, they have quit on me. They have raped me, they have betrayed me. Yes, I will not argue, my ex wife did too, yet the system has created a road by which she travels to meet her mission to make my life raising my sons as difficult as possible. And people, and some veterans and active duty folks too, stand by and say, "it won't happen to me."

 I was a flag bearer in basic, I have been blue many times, I have marched to the music, and I have worked long hours so others could enjoy the freedom here. Yet, it seems all I have done was also for the freedom for the system to take from myself and my sons. The very ability for me to provide quality of life for my sons. They have effectively taken (at this time of the year) a part of my sons Christmas celebration. They have effectively made attempts to damage my family love. Yet, to no avail. My sons will know the truth through their own sight, their own feelings, and their own experiences. Yet, they have seen my pain. And I honestly do not believe they will ever wear a uniform such as I. 

 I made a promise, and I took an oath. I kept mine. The system did not. I will never forgive them for what they have done. Nor will they ever ask. For the system cares little for the veteran or the family. 

 I know people think they do, yet wait till you are no longer needed, wanted,
or desired by the service. And then, and only then, will you see their disregard, lack of faith, and lack of appreciation for what you did.  The bastard system is wrong. DEAD WRONG. 

 I cannot find it in my heart to believe it is just, and right for the system (with the military and government backing) to give to a woman with less than 20 years commitment, who abandons a GI leaving children behind, and a woman who does not visit her children or give them gifts, half a man's pension. And then to follow that up with forcing him to take half his disability check and send that too her too. A woman who makes 44K a year and spends not a dime on the children she bore in a military hospital. 

This and what the government has done to me, my children, and my heart, is clearly and without doubt, a betrayal of the highest kind. Taking these funds, and forcing me to give her a part of a service connected disability that I contracted while serving my country in uniform is taking the very funds I could be using to care for my children. The same children she abandoned. 

 I cannot see, nor will I understand, how anyone, including yourself could see this to be just. My god, if one so does exist, how can anyone back such a tragedy of justice up? How can anyone support such injustice? It is sad, and sinful, and God Rest the souls who made it happen.  
 
Forgiveness is far from my heart and thoughts. I will fight, more than I have ever fought. I will fight with what heart to fight I have left. I will fight till the day my sons carry my casket to the grave. A grave in which my sons will fold the flag that drapes my coffin, and a grave where they will drop the flag into the darkness to which eternity holds for me, where it will rests under my coffin to be protected from division by the courts. 
 
I ask the question, who is the veteran? My ex now gets more of my pension than I do? Yet, some think this is right. Is she a veteran? The system has treated her as such, and in this case, even as a disabled veteran. And to think, she never once launched a fully loaded aircraft on it's way to Libya, never once wore the uniform, never once took an oath, never once had JP4 fuel run down her arm and body, never once worked feverishly to get the aircraft ready for the late launch, never once shovel snow from a taxi way, and never once saluted. 
 
Part of me says, if I could take it back I would. Part of me remains proud. I have removed my shadow box and the medals and flag that it holds down from my wall. I can no longer bear to look upon it. It appears so different, and conjures up the sadness, and hate I have for what has happened. Death could not be worse. 

 Yet, I will fight the cause to change, the revolt as you labeled it. No, it is not a revolt. It is a movement by which we will effect awareness, and change. We move to inform the ignorant, inform the active GI, and the lawyers, and the judges, and the system. It is a rally. 

 Was the Boston T-Party, the civil rights movement, the search for equality, the suffrage movement, the ride of Paul Revere, or the thoughts of the minorities a revolt, or simply a search for change? 

 Chris, you have seen me, and know me as the USAF SMSgt I was. Today, I feel betrayed, deeply scared, and at times tossed upon the way side where so many veterans are. You too, may find yourself there. And you too may find yourself in my shoes. 

 Yes, I find it difficult to muster the pride in uniform, in service, in the colors, and in the oath I once took. They took away my veterans status when they took away my disability pay and gave it to a faithless spouse. 

 It is betrayal, and theft. It is an injustice. One I will never forget or forgive. I did nothing wrong. I was just a good airman, and a DAD. Why then, am I being punished? What did I or my sons do that was so very wrong to be stripped of the dignity, and pride for which I once stood proudly? 

 And to think, today is something they call Veterans Day. I guess they are honoring the time, integrity, loyalty, and duty my ex wife gave to her country, and the disability pay they are now giving her. 
 
Only in America. And they call this justice. 
 
John

After over 22 years of military service to the U.S.A. a United States Coast Guardsman retired at the rank of CWO3.  At that date it was also the date of finality for his marriage.  He returned home to his resident of state of Kentucky after his spouse told him to leave.  After several attempts of reconciliation for the sake of three minor children, including the spouse coming to Kentucky, no success was met.  The spouse returned to Michigan and filed for divorce.  Since the Retired Military Member was not a legal resident of Michigan, did not appear in Court nor was represented in Court, a DEFAULT judgement of divorce was awarded.  The final divorce decree stated, divorce granted, she would receive 50% retirement pay as per USFSPA and "no alimony after HER remarriage."   All of these events happened in the year of l991-92. The retired military member married again in l2/92.  The former spouse remarried 3/92.  3/93, the retired member underwent surgery at a Kentucky VA Medical Hospital for injuries he sustained while on active duty for the United States of America Coast Guard.  This surgery required that his cervical disk(s) be removed.  No fusion could be done since the veteran also suffers from degenerative bone disease.  This rendered the veteran "unemployable" and disabled per VA doctors.  Therefore, the military retirement pay was terminated due to the veteran receiving Veteran's Disability Compensation.  Thus, the military retirement pay ceased for both the former Remarried spouse and the military veteran.  There was NO retirement pay now as per the former spouse's default divorce decree award.  Interestingly, the state of Michigan Never had jurisdiction over the military retirement pay to divide in a divorce, so states the USFSPA. The legal department of the U.S.C.G. reviewed the case, found that the vet was never a legal resident of Michigan, neither appeared nor was represented in this divorce and issued a formal letter stating to these facts. Although the former spouse was remarried to an able-bodied-employed man, owns their own home and several rental units with rental income in addition to her own check, she decided to return to court.  She requested that "her lost military retirement pay be awarded from disability pay to compensate her loss."  Clearly this is against the USFSPA and Mansell rulings that protect the Disability Compensation of Disabled American Veterans.  Additionally, it is against Michigan law to remove any part of the final decree without proving fraud, duress....which there were none.  There was No such finding, the Disabled Veteran did not ask to be disabled and unemployable...He did not choose to be totally disabled and in chronic, severe pain for the rest of his life.  No human on earth would request such to happen to their life. The Court hearing came in l995.  The Court's written opinion for the first hearing was........ "Through the Uniform Services Former Spouse's Act Congress by exempting Veteran's Disability Benefits has created a sacred cow from which the majority in Mansell has stripped away it's milk of human kindness.  It is abundantly clear to this Court based on the Mansell decision that the Veterans Disability Benefits substituting for the waived military retirement is not a marital asset and it is error for this Court to treat it as such...This Court will not speculate on whether there is any other basis to order payment of a portion of the disability or retirement pay to plaintiff." Now the former Remarried spouse, her husband and attorney decided they'd return to court again, apparently with an open invite from this judge. She returned to Court requesting that she be granted "an equitable distribution of the military pension from which defendant earned while in the U.S.C.G in the form of alimony." The following is the quotations from the judge's written opinion: "Defendant has effectively frustrated this Court's attempt to equitably distribute the assets of the parties between them....The court in Arnholt v Arnholt, 129 Michigan App 810 (1983) recognized the authority of a court to order payment of alimony after the recipients remarriage when in reality the alimony payment was a distribution of the payer's pension earned during the marriage.  The court in Riley v Riley, 82 Maryland Appeals 400, 571 Atlanta 2d, 1261 (1990) recognized the right of a trial court to condsideration VA disability payments as a source from which alimony can be paid.  Equity requires that this Court grant plaintiff the relief she seeks by eliminating that provision of the Judgment which terminates alimony on her remarriage.  To fail to do so would deprive her of sharing in the only significant asset acquired by the parties during this marriage.  This court will order defendant to pay alimony in the amount of $1030.50 per month beginning 2/1/95 and each mo. thereafter until the death of the plaintiff or until further order of this court." Thus spoke the Court!  Manipulation, maneuvering of all laws gained his Michigan resident what she requested!  Further, he was able to grant her a HEFTY raise from what the waived retired pay award should have been.  Waived retired pay amount was approximately $l740.00 per month...50% for each.....So, since he graciously BACKDATED the alimony to date of disability, DAV was instantly in arrearages for this "alimony" award. Since that date 55% of his waived retired pay has/is garnished and also 55% of his Social Security Disability Check is garnished for the same. This results in the former remarried spouse and her husband receiving more of the Disabled Veteran's Disability Compensation than the Disabled Veteran does for himself! Additionally, since the garnishment is paid directly to the Former Remarried Spouse's attorney, the Michigan Friend of the Court does not credit it to the Disabled Veteran's "alimony" account.  Therefore, they hold that to date he is in arrearages in excess to $19000.00  At the first of each month, this amount is more!  Although the DAV has sent documentation that VA and S.S. pays, the FOC has made no effort to correct this arrearage situation. So, while the Former Remarried Spouse and her husband dance all the way to the bank, receiving Veteran's Disability Compensation, the Disabled Veteran lives in a basement apartment with no hope of any financial security and/or existence. Every American Citizen should find the treatment of this Disabled American Veteran UNJUST.  Every American Citizen should take action in obtaining JUSTICE for this Disabled American Veteran.  If not,
America....This is what will be happening in every Court in America regarding our Disabled Veterans of America.  Dare we fly our American Flag if we stand idly by....Dare we celebrate Veteran's Day....State that we Respect and Honor our Disabled American Veterans  if we do nothing? Dare we advise our children and grandchildren to join the U.S. Military, serve and defend the United States of America when such as this is happening?  
Al and Linda S.

How an Agent Orange Widow subsidizes the Government

My name is Barbara Nation and I am the widow of an Agent Orange veteran. I lost my husband John in June 97 from cancer related to exposure to herbicide agent orange used during the Vietnam War. I hope that something can be done to help the AO vets and their families get through this nightmare. John got sick January 31st 1996 and died June 14, 1997. It was a nightmare from beginning to end. We live 2 1/2 hours from Ft Bragg and the nearest VA hospital and I wasn't about to take him there away from our home and his family. I kept John at home and took care of him myself through all the treatments and until the very end. All his family were with him at home when he died. Now I am left to clean up the many details and medical bills. During the time he was sick, fortunately I worked for a utility company that had excellent health insurance. If we had to rely solely on Champus, I would be homeless and on the street. I had to take all the money we had saved for retirement at my company and cash it in for medical bills. It wasn't much to a lot of people but it was all I had to retire on, almost 30,000 dollars. We were going to travel and see the country when we retired. On top of that, UNCLE SAM took 20% of it right off the top before I even saw it and then another 10% penalty when I had to file taxes. Naturally you can only claim a certain percentage of your medical expenses, so I was out of luck there too. I still owe almost a thousand dollars to his oncologist and I am fighting with CHAMPUS over that....they pay next to nothing and disallow most everything. I do receive compensation from the VA each month in the amount of $850. Try to live on that...of course I had to go back to work, but it is good for getting me out of the house. SBP is taxable and DIC is non taxable.  I was also returned the SBP premiums that we had paid into SBP after his death. Get this! ...They sent me a check and a letter telling me that the premiums were fully taxable, but they didn't take out taxes on it.  At the end of the year I got a 1099 with the amount they sent.  With that I was assessed a penalty by the IRS for underestimating my taxes and wound up owing the Feds approximately $3800...tax plus interest plus penalty..same with the state.  $7,031 that I didn't have.so I put it on a credit card we had with a large limit and now I'm having to  pay that off.  But I would rather try to pay off a credit card than owe the government a dime.  I don't know when this will ever end (probably not until I join him) and I can get on with something similar to a life although I feel my life is over anyway for the most part.  We had so looked forward to having some happy days, after retirement, together and worked so hard to be able to realize some of our dreams that had been on hold for so long.  I have received emails from other folks in about the same predicament that I'm in and I feel so sorry for them.  I am into the same kind of deal with Champus as some of the others. I am having to appeal bills that were'nt filed before the deadline. When John was ill, I was only concerned with taking care of him and making sure he got the best care we could get. My daughters filed the paperwork for me into a file folder but I never got to it till last December, to find that the rule had changed.  You used to be able to file by December of the following year after
the service was complete, now it has to be filed within one year after the date of service. So I am getting documentation from the doctors stating he was not able to file for himself. Hopefully they will reconsider and pay some of this bill.  I don't understand anyway why a family should have to pay any of the medical bills left over from a death from a service connected disability. He was serving this country, they have never served him. I was not mentally capable of filing for months after John died. Fortunately we have 3 wonderful children that took care of everything for me regarding everyday living, paying
bills, etc.  I was so deep in depression that I could barely function.  He was my reason for getting up in the morning, I just don't know what I am going to do.  It's been almost a year and I still feel as though it was yesterday.  I have a son and daughter in law living with me because the children are afraid to leave me alone because I have problems just getting through the day... I am not suicidal and will never be, but I am very, very sad. 

Barbara S. Nation

Another royally screwed active duty LIMDU

It's beginning to appear that everything you say is true.  I had my separation/reenlistment physical in February at Naval Station EVERETT.  I had two LCDR medical types tell me I was no longer eligible to stay in the Navy and would never go to sea again.   Both of them recommended in writing that I receive a Nuerological Nerve Conjunction Study at NAVHOSP BREMERTON prior to my medical board being dictated.  Someone at the hospital decided I did not need that and had me referred back to Orthopedics again.  The orthopedic surgeon actually had the nerve to call me a "WIMP" who was afraid to go back to sea again.  Basically, the problem was, I was someone who he could not fix with three herniated disk in my neck.  I went and called two DC's I had worked with before, and they verified that I really had a problem and forced the orthopedic surgeon to dictate a Medical Board.  I still have some other problems they have refused to acknowledge, namely my shoulder and clavicle that never healed properly due to their maltreatment (FROM 20 YEARS AGO).  In any case my board is being sent to the PEB in the next few days. I was assigned a retired PNCM as my medical board counselor who has unofficially informed me that 90% of all disability boards end up with a less than 30% disability rating from NAVHOSP BREMERTON.  In other words with 18 1/2 years of active duty and 2 1/2 years reserve time I am looking at $19,000.00 in disability (TAXABLE) severance pay and a kiss in the ass good-bye. Obviously this is not acceptable to me. My father is a senior member of the Small Businessmen's Association in the State of Pennsylvania with connections to the Governors Office as well as my state Senator and Congressman.  They have already indicated a willingness to help but have not started any type of involvement until I give them the go ahead. My gut feeling is I should get them involved before the PEB even sees my medical record.  I do know that times the Navy sometimes overreacts from Congressional pressure and sticks to their guns.  This outside involvement could actually hurt my case, but I will go to hell first before I let them give me the shaft.... Two months later.... My PEB results are back and guess what... I am fit for duty and am being sent back to sea... What this really means is I will be getting an Admin Board and discharge for non-compliance or being able to pass the Physical Fitness Test (PFT). This is the Navy's way of screwing me out of military retired pay.

From K. C. 

Retirement Benefits, Recruiting Incentives 

I served in the Air Force for 9 years. I wanted to stay in the Service but I chose to get out because many of the benefits the retired vets were receiving were being cut and the government was even taking away privileges active duty vets were receiving. Too many of our lawmakers who have never served in the military were the ones making these cuts. Leaving the Air Force was one of the hardest things I ever had to do. I felt I had no choice though. If I stayed in, I may not have any benefits when I get out. I knew if I got out, I still had a chance to make it in the civilian world. Luckily, I obtained my degree while in the service. 
 I now work in law enforcement. Most police departments understand how valuable a veteran is and snatch them up quickly... but not everyone wants to be in law enforcement, I think the veteran benefits to be advocated in Bonus March II is a fabulous idea! It would help increase our troop strength and once again, make Americans proud to serve their country. 
                                  Uncaring Lawmakers 

But the major obstacle in the way is those law makers who never served. 

From: S. P. 

Disability Assistance Needed 

I am a Korean War POW, I am now 65 years old and I can't get a single cent of any kind of pension, compensation or anything. First I was told that my military records were destroyed by fire, but now it appears that is a common excuse being quoted by the Military Records and Personnel Center. Because I can't get my records the VA says I am not eligible for any kind of help. I am 100% disabled, can't hardly walk, have been wounded five times and legs broken by a North Korean Army man while a POW. But, according to the VA, I am not eligible for any kind of help. I live in a converted garage that my daughter owns and am lucky to eat once a day as she charges me most of my welfare check for rent. I had to destroy my old dog as I did not have money enough to buy him any dog food so he could eat. My dog was my constant companion. I miss him. He was my best and only friend. 

From: W. C. 

(from the files of the American Retirees Association) 

From California: A Navy Chief Petty Officer (E-7), Vietnam Veteran, was divorced in 1978 after 11 years of marriage. At the time of divorce, real property was awarded along with child support. In 1991, the military member retired as a Master Chief Petty Officer with 30 years of service. At that time, the former spouse returned to court for division of retired pay and was awarded 28% payable at the E-9 rate. At the time of this award, the former spouse was married to her fourth husband.

From Michigan: A military member was divorced by his former wife so that she could marry another military member. That former spouse is now serving a felony prison sentence for attempted murder. Her former military husband must continue to pay her the awarded share of retired pay even though she is incarcerated.

From Virginia: During a ten year marriage, an Army Captain financed a college education and master's degree for his unemployed spouse so she could obtain a career position. The former spouse filed for divorce from the military member. Ten years after the divorce, the service member must pay a portion of his retirement pay to the spouse as awarded by the court. There were no children, and both tangible property and savings were given to the former spouse (who is gainfully employed, remarried and highly financially secure).

From Oklahoma: A retired Air Force Sergeant was marred for 12 years of the 20 years he was on active duty. As part of the divorce settlement, the former spouse was awarded the house, contents, and $500 permanent maintenance per month. Child support was awarded as $600 per month, and, with the division of retirement pay, the former spouse received $1600 per month PLUS $185 from another source. The former spouse has since remarried and still collects.

From Texas: An Air Force Major entered the service in 1941. Married for 20 years,
divorced in 1963. The former spouse received the family home, furnishings, and one-half of all investments. Child support was paid and college education was provided by the member. The divorce decree made no mention of military retired pay. In 1983, with the enactment of the USFSPA, the remarried former spouse was awarded a percentage of the member's retired pay.

From Louisiana: A female civilian is presently in her fourth marriage to another retired military member which is her fourth. She is presently collecting USFSPA payments from her first three divorced ex-spouses. 

From Michigan: A retired Coast Guard Warrant Officer, with 85% disability, must pay his former spouse 55% of his disability pay even though she remarried. Because the USFSPA does not allow division of disability payments, the court awarded this as "alimony". He and his current wife must live on the remaining VA compensation and social security.

From Texas: A 90% disabled 80-year old Air Force combat veteran of World War II and Korea is paying his former spouse $400 monthly. At the time of the divorce, she was awarded the house, division of savings, child support and family car. She was a nurse and gainfully employed. Immediately after the divorce, the former spouse remarried. Upon the death of her second husband, she remarried again. The former spouse is financially secure while the veteran's income is limited. When the USFSPA was enacted, and although there was no mention of retirement pay in the divorce agreement, the former spouse sought, and was awarded, a percentage of the member's retirement pay. Even though the 1990 amendment to the USFSPA prohibited retroactive awards, the court upheld its decision.

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