From: North, Jim <Jim.North@cambridge-na.com>
To: gymgemjim@comcast.net
Sent: Tue, 8 Nov 2005 14:53:11 -0500
Subject: Congress Continues to "Slam Away" at well earned Incentives from the "All Volunteer Forces

Congress Continues to "Slam Away" at well earned Incentives from the "All Volunteer Forces"

----- Original Message -----
From:.Mike Campbell Campbell's Aviation [campav@atcnet.net]

I'm forwarding this to everyone because; I think we need to be aware of what decisions are being made by our elected officials. I'm sure there isn't many on my list that don't have relatives or at least friends who will be affected if this cut actually goes into effect. What is mind boggling to me though, is how can these people even think about cutting the benefits of veterans of previous wars at a time when they are sending our children off to fight yet another war? The most ironic thing that comes to mind, what is the logic of pissing away millions of dollars to rent the cruise boats that are now standing empty in New Orleans for some people who have never worked or paid a cent in taxes in their entire life?

The Congress has put together a budget for 2006 onward. Here is what I understand about the new House proposal, HR 2290 (proposed bill). If the Federal Gov needs money they will cut Veterans Retirement and benefits:
Veterans Medical programs: Veterans Medical Care: Disability Comp:
Military Health and Retirement: All of these will be cut a maximum of 2%.
To verify this, you can bring up (House) HR 2290 on your internet. The full bill and its cosponsors can be found at http://thomas.loc.gov/ and it is certainly interesting reading. The purported purpose of the bill is to require automatic cuts in selected programs if total entitlement spending exceeds certain guidelines.
H.R.2290; Title: To reform Federal budget procedures, to impose spending safeguards, to combat waste, fraud, and abuse, to account for accurate Government agency costs, and for other purposes.
Not wanting to believe, I found HR 2290. True enough, there it is, but you have to search through the Resolution much the way you have to in all the House and Senate confusion Bills/Resolutions. It points out all our benefits and then states that they will be cut no more than 2%.
*Certain major programs are being exempted. They include Social Security, Medicare Part A and - are you ready for this? - The Federal Employee Retirement System and Civil Service Retirement System. The latter happens to be available to members of Congress and their staffs. They took care of themselves.
But let's see what is not exempt. The military retirement income, military survivors' benefits and veterans' benefits. Also on the chopping block are the lifelines for health care for military retirees, Tricare for Life and Medicare Part B
The Congressmen provided no cuts that would affect them or their civilian constituents. This is food for thought. Remember, the republicans control the house and senate and unfortunately, if the democrats controlled, it would be the same.
I have not seen the Senates version.
We have the biggest tax decrease in history, are still funding the UN and providing welfare to the rest of the world. It is time to cut all international spending and take care of ourselves. Congress, with present and past administrations, have consistently overspent and the military active, retired, vets, shoulders the blame.
I now hope all of you are as ticked off as I am.
Mike Campbell Campbell's Aviation [campav@atcnet.net]

-------------------------------------------------------------------------------------------------------------------------

From: MSgt North, U.S. Marines, Retained, Fleet Marine Corps Reserve, Category II, Deployable

As you read above, Congress seems to always take care of themselves but continually take away from our past veterans benefits and current "All Volunteer Forces" incentives.

Let's see what Congress has taken from just me, as an example of what's being taken from others within the All Volunteer Forces.

1. Congress took away all my VA Pay. They have refused to pay my full VA Disability Pay by passing a law which states I cannot Concurrently Receipt for Retainer Pay and Disability Pay, even though I earned both? Instead of concurrently receiving both pay checks Congress only gives me a small tax deduction from my Retainer pay instead. Just recently, some individuals can receive both, but not everyone.

2. Congress authorized a State Judge to take away the VA Pay that I don't get. A State Judge actually illegally awarded half my VA disability pay that I don't get in the first place and that Congress already took away from me before I had a chance to start receiving it, by awarding half of the tax deduction portion from my retainer pay to my former spouse. There's actually a law passed by Congress that protects my VA Pay that congress took away from being taking away but Congress only passes laws, apparently they refuse to ensure their laws are enforced, concerning Veterans.

3. Congress took away half my Retainer Pay. Congress has misled my former spouse into attacking my veteran's benefits and military retainer pay when they unjustly overruled the Supreme Court ruling McCarty v. McCarty (states retainer pay cannot be divided to a former spouse in a divorce proceeding) by establishing a law (USFSPA) that reverses this Supreme Court's ruling and then backdates this law one day before the Supreme Court's ruling. Can you name of any occurrences in which Congress has reversed a Supreme Court's decision and then made a law retroactive to one day before that Supreme Court's decision? "The U.S. Constitution, Article 1, Section 9 - No (Bill of Attainder) or ex post facto law shall be passed", explaining that the Constitution is the Supreme Law of the USA and it was written in the mid-late 1700's. When the 97th Congress enacted (Sep 1982) the USFSPA and sent it to then-President Reagan for signature, with the provision in the first sentence of its paragraph ©(1) that states, "beginning after June 25, 1981", the 97th Congress violated the prohibition of Art 1, Sec 9. Furthermore, in presenting an ex post facto act for Executive Signature, the 97th Congress became an accessory and abettor to causing the President to violate one of the requirements of his Oath of Office, also specified in the Constitution (Art 2, Sec 1: " ...., and will to the best of my ability, preserve, protect and defend the Constitution...."). Notwithstanding, each and every President since "Ronald Regan" has also violated their Oath of Office by allowing the unconstitutional USFSPA to remain in statute!

4. Congress has taken away my rights. If I was, or become injured by negligence/medical malpractice at a military hospital or injured in any other manner due to negligence of the military the "Feres Doctrine" will not allow me to file a Personal Injury Claim. A Judge made law, if you will, that has bound and flogged Veterans for 54 years. The Feres Doctrine is an exemption to what is known as the Federal Tort Claims Act (FTCA) of 1946. The FTCA is a statutory body of law passed by the United States Congress to waive "sovereign immunity" granting American citizens and others the right to petition our national courts to redress personal injury or death claims arising from the negligent acts of government employees. However, on December 4, 1950, the United States Supreme Court decided Americans or other legally inducted persons serving in the United States Armed Forces were exempt from petitioning our national courts for redress of wrongs under the FTCA. Thus, for the past 54 years we have been denied the fundamental First Amendment Right under the provisions of the United States Constitution to petition our federal courts for redress of wrongs. The Feres Doctrine grants "blanket immunity" and we assert, it is not only a danger to the national security of our country, it further violates the United States Constitution. This judicially created body of law has resulted to date in 54 years of unthinkable human and constitutional rights abuses of Americans serving in the United States Armed Forces.

5. Look what else has been taken away. If you're a Gulf War Veteran with the Gulf War illness the Congressional Oversight Committee will consider evidence that the Department of Veterans Affairs and the National Academy of Sciences deliberately excluded an important type of scientific studies from standards used to determine benefits of veterans of the 1991 Gulf War. The Congressional Subcommittee on National Security, Emerging Threats, and International Relations hearing will be held on Tuesday, November 15, 2005 at 10:00am in Rayburn House Office Building room 2154. The hearing is entitled "Examining VA Implementation of the Persian Gulf War Veterans Act of 1998." For more information contact Steve Robinson at srobinson@ngwrc.org, 301-585-4000 x.162 or (cell) 301-996-8450.

6. And there's more! Many veterans from WWII, Korea and Vietnam are being denied their promised benefits for retirement and medical.

Anyone noticed how easy $300 billion goes to the troops, just as long as their fighting to keep the rest of us out of harms way, but once the troops have been used as "pawns in a chess game," they are no longer essential and put off to the side, as unimportant?

Is this what the "All Volunteer Forces" is all about? Is buying a yellow magnetic bumper sticker for your SUV "Support Your Troops" as far as it goes to support your troops? Is clapping at service personnel in an airport who are returning from Iraq all that's required to support your troops? One really wonders?

MSgt James T. North is U.S. Marines, Retained, Fleet Marine Corps Reserve, Category II, Deployable and promotes www.usfspa-lawsuit.info. You can read more details at See more details: http://www.usfspa-lawsuit.info/ActiveDutyAlert.htm
MSgt North can be reached by email at Jim.North@cambridge-na.com