OPERATION FIRING FOR EFFECT

On Tuesday, April 15^th, a delegation of approximately 40 civic leaders and veteran’s advocates from Operation Firing For Effect (OFFE) met face-to-face with Chairman of the Veterans Affairs Committee, California Congressman, Bob Filner. The meeting was held in room 334 of the Cannon House Building.
 

Prior to the start of the OFFE presentation, Debra Simpson from Senator Hilary Clinton’s office came into the room just long enough to tell the gallery that she had a meeting to attend at the Pentagon and would not be able to stay. But, she did show up and sign in.
 

Once Congressman Bob Filner arrived, OFFE Public Relations Director, Jere Beery opened the OFFE presentation with a brief introduction of the room to the Congressman. Next, OFFE National Chairman, Gene Simes took the floor and briefly explained why we had come to DC, and to introduce a video statement filmed exclusively for OFFE by country music star, Willie Nelson (U.S. Air Force veteran). During the compelling 6 minute video titled; ‘911’, Willie Nelson states; “Now is the time for us as proud Americans to revaluate, improve, and protect the healthcare system that services our veterans. The time has come for America to stand up for our troops”. Willie Nelson is a proud supporter of full mandatory funding of veteran’s healthcare, and celebrity spokesperson for the OFFE group.
 

Congressman Filner
Also attending the meeting were OFFE leaders from as far away as California and New Mexico, to Ohio and Indiana. The state of Illinois was represented by a number of OFFE delegates, and their presentation for full funding of the VA healthcare system included two short videos featuring; Illinois Lieutenant Governor, Pat Quinn, and Cook County Commissioner, Larry Suffretin. The Illinois videos focused on the recent 94% approval from the state’s primary ballot for full mandated funding of the VA from 23 counties in that state.
 

It was very obvious to everyone in attendance that Congressman Filner was impressed by the words of Mr. Willie Nelson, Pat Quinn, and Larry Sufferton.
 

Congressman Filner then took the floor to address the OFFE group. For the next 80 minutes the Congressman addressed the attendees. He encouraged OFFE to continue doing what we are doing, and he reinforced every goal we were attempting to accomplish. Congressman Filner said, “Full mandatory funding would take the politics out of the yearly budget debates, and eliminate the attachment of ‘pork’ to VA spending. He also said, in his opinion, all Agent Orange claims from Vietnam era vets should be approved immediately, including blue water vets. There is no logical or ethical reason to deny healthcare coverage and/or compensation to any veteran that is sick and has served this country honorably. Congressman Filner was well received by the OFFE delegation, and the Congressman appeared to be very impressed with OFFE’s presentation.
 

The OFFE New Mexico delegation was headed-up by Deputy Secretary of the New Mexico, Department of Veterans Affairs, Joe Thergood, and NFL star Doug Craft. Both men echoed the call for full mandatory funding of veteran’s healthcare and pledged their continued support of OFFE and our objectives. 
 

Another highlight of the meeting with Congressman Filner was when OFFE Public Relations Director, Jere Beery suggested the Congressman author a Bill placing a ‘moratorium’ of all scheduled VA closings and reductions of veteran’s healthcare and medical services. The moratorium would include a freeze on all future sales and leases of VA property, until such time Congress has the opportunity to review the state and future of veteran’s healthcare in this country. Congressman Filner commented twice on the moratorium concept, and said he would follow up on the idea. At the conclusion of the Congressman’s talk, it was very apparent that this Congressman ‘gets it’. Everyone in attendance agreed that our former military families in this country have a real show of advocacy from Congressman Bob Filner. So, suffice to say, OFFE expects to see some fireworks within the Committee on Veterans Affairs in the very near future.    
 

One other noteworthy moment of the all-afternoon meeting was when Senator Barack Obama’s representative, Mr. Erick Person (8 year Marine veteran), was challenged by several supporters from the OFFE Illinois delegation. Apparently, Senator Obama had snubbed these very same veterans last year - and the OFFE Team from Chicago didn’t miss a beat to grasp the opportunity to voice their disappointment with the Senator’s aide. At one point, OFFE Director of Operations for Illinois, Mr. John Monaghan asked Mr. Person if Senator Obama had voted in his home state’s primary election in February. According to Mr. Person, he was fairly certain that Senator Obama had indeed voted in the Illinois primary. Mr. Monaghan then asked him if he thought Senator Obama read the entire ballot. Once again, Mr. Person replied with an educated guess of, probably. Monaghan then asked if Senator Obama was aware that over 1.3 million votes from 23 counties in his home state had approved mandatory full funding of veteran’s healthcare on their primary ballot with a 94% approval, and that Senator Obama has yet to acknowledge the voices of the voters in his own state concerning the future of veteran’s healthcare. How did Senator Obama vote on this issue, Monaghan asked the Senators aide? Mr. Person was somewhat speechless and apologetic for not knowing how his boss voted on this very important issue. Mr. Erick Person had walked into a hornet’s nest, and would later be over-heard to say, “I now know why everyone calls your movement; Operation Firing For Effect”. Before he left, Mr. Person re-assured the OFFE Team several times that he would personally deliver our message to Senator Obama with as much passion as he had received it.
 

All in all, everything went very well in Washington last Tuesday. The OFFE Team, as a group, is very difficult to go up against in a debate. They know their subject matter very well, and it showed. From homeless veteran concerns, to issues of importance to female veterans, to the protection of veteran’s disability compensation from third party awards in civil courts, to Native American veterans traveling hundreds of miles to the closest VA medical center for their earned healthcare, to blocking efforts to use VA property and assets for purposes other than servicing our veterans, OFFE fired one volley after another. It would be impossible for me to explain all of the positive ideas and input everyone contributed in a single press release. However, we will have the link to Congressman Bob Filner’s comments posted on our web site soon, www.offe2008.org. I strongly recommend everyone take the time to hear what Congressman Filner has to say about the current political state of veteran’s healthcare. 
 

Room 334, of the Cannon House Building was reserved for this meeting many weeks in advance by OFFE National Chairman, Gene D. Simes.
 

Other OFFE speakers included; Eric Massa / Congressional Candidate from New York, Bruce Parry, Dave Rogers, Fred Gajewski, Robert Daly / Coalition of Veteran’s Organizations (CVO) of Illinois, Lisa Wilkin / OFFE Director of Operations Indiana, Calvin Murphy / OFFE Director of Operations Michigan, John Monaghan  / OFFE Director of Operations Illinois, Rusty Rustan / OFFE Director of Operations California, Larry Weese / OFFE Director of Operations Ohio,  Tom Sullivan / OFFE Native American Affairs, Ted Roybal / OFFE Director of Operations New Mexico, John Tong / Circle of Friends for American Veterans.
 

Additional attendees include; Commander Vincent P. McCabe / Military Order of the Purple Heart, Chapter 179, Sam Lutvak / Past Commander of the Jewish War Veterans, Ethel H. Fine / Professor of Anthropology, Stuart Nelson / Blinded Veterans Association, Jim Semerad / Navy League, Fred Gersh / OFFE Washington DC Representative, Milton Hanas / OFFE Treasurer; Bob Fink / OFFE Historian, OFFE supporters; Jessica Monaghan, Gabriel Gallogs, Mitchell Smith, Don Stout, Andy Koelz, and Henry Moore. 
 

Although Senator John McCain’s office promised several times prior to the meeting to send a representative or aide, McCain’s office was a no-show. Since the 15^th, Gene Simes has reestablished communication with Senator McCain’s office. 
 

The OFFE Team is now tackling their Willie Nelson Memorial Day Signature Guitar Raffle scheduled for Monday (Memorial Day) May 26^th in Waterloo, New York. If you would like to take a chance on winning this very special ‘Support Our Troops’ Willie Nelson autographed acoustic guitar, you will find entry form at or web site also, www.offe2008.org. Proceeds will be used to produce several public announcements featuring Willie Nelson (and possibly some of his friends) for airing prior to the November general election. The message these PSA’s are meant to convey is; regardless of which political party moves into the White House after the November election, the American people demand veteran’s healthcare be mandated and fully funded.  
 

Special thanks to Mr. John Blanchard and NASA Education Corporation for sending a film crew to document the meeting. Thank you Eric Behler and Jimmy Warren!
 

To view the Willie Nelson / 911 video, visit;
http://www.youtube.com/watch?v=6gdgLox8zAM  
 

We will have additional video posted on YouTube as soon as possible. Stay tuned!
 

Remember; if you do nothing, you can expect nothing to change…
 

 [Postscript] Since the April 15^th meeting in DC, OFFE has been contacted by the office of Texas Congressman Chet Edwards. Mr. John Conger is Legislative Director for Congressman Edwards, and has voiced an interest in several innovated concepts currently being developed by Operation Firing For Effect.
 

Jere Beery
OFFE National Public Relations Director
jerebeery@aol.com  
(315)986-7322

Last Wednesday night, (March 19, 2008) Willie Nelson performed a concert for a sold out packed house at the Norva concert hall in Norfolk Virginia. The concert was simultaneously broadcast live to military units in Iraq and Afghanistan by Stardust Radio via a special internet connection. The special broadcast was sponsored by Operation Firing For Effect and Stardust Radio and was approved by the Department of Defense and the Pentagon. Only pre-approved internet connections outside the continental United States were able to receive the special broadcast. Mr. Gene Simes, National Chairman of Operation Firing For Effect was invited by Willie to join him on stage to start the concert and to explain the live overseas broadcast.

The Stardust Radio concert broadcast was the latest joint venture between Operation Firing For Effect and Mr. Willie Nelson in support of our men and women in uniform. The high quality audio feed was made directly from the master sound board at the concert and broadcast over a closed internet connection to military units deployed overseas. During the two and a half hour concert troops were able to comment on the concert in a secured chat room setup especially for the event. The feedback was overwhelmingly positive and appreciated by all who heard the closed-circuit broadcast.
 

In addition to the special concert broadcast, Operation Firing For Effect (OFFE) production team met with Mr. Willie Nelson on his private tour bus to video tape a interview concerning Mr. Nelson’s support of full mandatory funding of veterans healthcare. Willie is a U.S. Air Force veteran and celebrity spokesperson for OFFE and the veterans’ healthcare full funding concept. The video will be viewed by attendees of a planned event in Washington DC on April 15^th in support of full funding for veteran’s healthcare. 
The Willie Nelson interview was video taped by OFFE member Mr. John Blanchard and his production team; Senior Producer, Stephanie Rojo, and Program Director, Amy Johnson. Mr. John Blanchard, (U.S. Navy veteran) is a successful Chicago businessman with a long history of developing programs to help former military personnel and their families. One such creation is the National Association of Systems Administrators Education Corporation (NASA), which Blanchard is the founder and CEO. Another very impressive project John Blanchard has founded is Operation Stand Down. Stand Down is a grassroots, community-based intervention program designed to help the nation’s estimated 200,000 homeless veterans “combat” life on the streets. Homeless veterans are brought together in a single location and are provided access to the community resources needed to begin addressing their individual problems and rebuilding their lives. In the military tradition, Stand Down afforded battle-weary soldiers the opportunity to renew their spirit, health and overall sense of well-being. For more information on NASA and Operation Stand Down, visit; http://www.nasaeducation.org   
Also joining the OFFE interview team was Mr. Mark Woods (U.S. Navy veteran) of Operation Troop Aid. Woods presented Willie with a framed certificate of appreciation for his support of our men and women in uniform. For more information on Operation Troop Aid, visit; http://operationtroopaid.org
During the Willie Nelson interview, Willie signed a very nice Washburn guitar for OFFE to use for a Memorial Day fund raising raffle. Proceeds from the raffle will be used to produce several public service announcements to be aired on CNBC during the month of October prior to the general election. The OFFE PSAs will promote full mandatory funding of veteran’s healthcare.

This is a one-of-a-kind Willie Nelson ‘Support Our Troops’ signature guitar, and one very lucky person will win this unique piece of music memorabilia on Memorial Day 2008. Entry details for the raffle will be posted on WWW.OFFE2008.ORG  in the very near future.

In military terms, ‘firing for effect’ means bringing all of your weapons to bear on a single target and firing in rapid succession for maximum effect. This term has now been adopted by a grassroots organization focused on the future funding of veteran’s healthcare, but instead of bullets, Operation Firing For Effect (OFFE) is using a barrage of voices to accomplish the maximum effect on the single issue of Full Mandatory Funding of Veteran’s Healthcare and related services.
 

Over the past two years, OFFE has aggressively gathered support for the mandated veteran’s healthcare funding concept, and now they plan to fire for effect in Washington DC.
 
On April 15, 2008, a delegation from Operation Firing For Effect will meet with Congressional leaders in Room 334 of the Cannon House Building. The OFFE group will be armed with the voices of millions of Americans supporting Full Funding of Veteran’s Healthcare and Services.
 

OFFE offers several factors to support their claim that they represent the voices of several million Americans.

First factor, on ‘Super Tuesday’, February 5th, registered voters in Illinois saw the following ‘yes or no’ question on their primary ballots. The ballot question was authored by OFFE Public Relations Director, Jere Beery, and appeared on primary election ballots in 23 Illinois counties.
“Shall the federal government be required to adopt full mandatory funding of the Department of Veterans Affairs for the purpose of ensuring that all eligible honorably discharged U.S. veterans receive quality and accessible healthcare and services?”
 The combined county vote tabulation, not including early votes and absentee votes was; 1,137,735 YES votes, to 77,519 NO votes, or an overwhelming 93.6 percent approval.
 

Second factor, in addition to the 1.1 million Illinois voter voices, OFFE has gained the support of a number of labor unions, such as; AFL/CIO Sheet Metal Workers (Local 137), AFL/CIO Sheet Metal Workers (Local 46), New York State Sheet Metal Workers Council, American Federation of Government Employees (Local 3306), Chemung/Schuyler County Labor Assembly, Rochester Building & Construction Trades Council, and Steuben/Livingston County Labor Council. All of whom have publicly endorsed and signed OFFE’s Resolution for Full Mandatory Funding of Veteran’s Healthcare.
 

Celebrities Willie Nelson, Bill Cosby, and NFL star Doug Craft have also voiced their support for mandated funding of veteran’s healthcare. Presidential candidates Hillary Clinton and Bill Richardson have both signed OFFE’s Resolution for Full Mandatory Funding of Veteran’s Healthcare as well.
 

Third factor, here is a brief list of other endorsements OFFE has acquired; Senator Charles Schumer, Oregon Governor Kulongoski, New York Senator Joseph Robach, New Mexico Lt. Governor Diane Denish, New York Senator Michael Nozzolio, New York State Senate, Brighton Township New York, City of Chicago Illinois, Cook County Illinois Board of Commissioners, Monroe County New York, Philadelphia City Council, City of Canadice New York, City of Hamlin New York, City of Irondequoit New York, City of Rochester New York, City of Bosque Farms New Mexico, City of Albuquerque New Mexico, New York State Assembly, 29 Chicago Illinois Aldermen, Constitution Party of New York, DAV Roll of Honor (Chapter 120), AMVETS (Post 84), California Veterans Board, American Legion (Post 857), California Paralyzed Veterans, Huntington Beach California City Council, Seal Beach California City Council, Illinois Coalition of Veterans Organizations, and over 10,000 individual signatures of support.
 

According to Operation Firing For Effect National Chairman Gene Simes the combined support of all these factors represents several million Americans that support full mandated funding of veteran’s healthcare. And it is these voices we will be taking to Washington DC with us next month.  
 

OFFE’s Resolution for Full Mandatory Funding of Veteran’s Healthcare is not a new idea. The concept has been around for the past two decades. However, what is new is the focused grassroots tactics used by OFFE to capture nationwide public approval in an effort to pressure Congress into passing full mandated funding for the VA into law. Thus far, no other national veterans’ service organization has conquered as much ground or gained as much public support on the issue as Operation Firing For Effect has. And Gene Simes and the OFFE Team do not appear to be letting-up on accomplishing their objectives anytime soon.
 

Operation Firing For Effect is convinced that the timing of the Washington DC meeting is critical. The time to walk the walk is now! The time to stand up for the healthcare needs of our troops is here! We must send a message to our politicians and legislators that regardless of who wins the November general elections, the American people expect veteran’s healthcare funding to take priority over special interest, and the citizens of this great country demand veteran’s healthcare be fully funded and mandated.
 

If you would like to add your voice to OFFE’s united show of solidarity for full mandatory funding of veteran’s healthcare in Washington DC on April 15^th, you are invited to attend OFFE’s press conference on the west lawn of the U.S. Capitol Building at 1200 hours. Together we will secure the future funding of our veteran’s healthcare needs.
 

OFFE is also currently collecting signatures in California on a statewide petition which would place the VA funding question on their statewide November general election ballot. OFFE needs to collect 500,000 signatures before the April 30th deadline. If you live in California, and wish to help OFFE collect the necessary signatures, contact California, Director of Operations, Rusty Rustan at; voiceforveterans@aol.com 949-705-7009.]
 

[Operation Firing For Effect (OFFE) is a bi-partisan veterans advocacy group, and subsidiary of Veterans For Veteran Connection, Inc., a non-profit corporation devoted to the protection and improvement of entitlements and services earned by our men and women in uniform. OFFE does not endorse political candidates running for office. OFFE does report on issues of importance to our former military personnel and their families and that includes ‘News’ from both sides of the aisle. OFFE will grant equal time to any candidate (regardless of political affiliation) who wishes to share and explain their position(s) on the future funding of veteran’s healthcare and services.]
 

Jere Beery
OFFE Public Relations Director
jerebeery@aol.com
 

One might think that United States Code created by Congress would be respected as the Federal Law of the land and strictly enforced. But, that is not necessarily so. Some federal statutes aren’t worth the paper they are written on, and are totally unenforceable. One example of this is USC, Title 38, Veteran’s Benefits, §5301(a). This federal statute was written by Congress to protect veteran’s benefits from third party awards under any legal process whatsoever. This federal law is violated every single day of the year in civil courts nationwide, and no one will assume responsibility for enforcing this legislation meant to protect veteran’s benefits. Please read the following very carefully and several times over. Make certain that you understand the wording and intent of this statute before proceeding with this article; TITLE 38, U.S. Code, Veterans Benefits, §5301(a) – Non-assignability and exempt status of benefits payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.

Mr. Jim Strickland of the VA Watchdog organization is considered by some to be an expert on USC, Title 38. Mr. Strickland is often contacted by veterans requesting his opinion on a number of issues concerning veteran’s benefits. We contacted Mr. Jim Strickland for his opinion on the 5301 travesty of justice. In reference to 5301, Strickland suggests that there is a loophole in the law that allows judges to use veteran’s disability compensation as a divisible asset in a divorce. Strickland claims the catch phrase here is, “shall not be assignable except to the extent specifically authorized by law” and that’s where the law has a loophole. According to Mr. Strickland because of this ‘loophole’ VA disability compensation is not protected from third party awards.
 

Now, ask yourself what Congress intended when they wrote this legislation? Direct your attention to the wording Mr. Strickland references; ‘except to the extent specifically authorized by law.’ What specific ‘law’ is Mr. Strickland referring to; the law of gravity, the law of the jungle, laws of quantum physics? Or is Congress saying; except to the extent specifically authorized by ‘Federal law’? And since there is no federal law that trumps 5301, and state laws do not take precedence over federal law, Mr. Strickland’s suggestion that there is some hidden clause or loophole that allows judges to award a disabled veteran’s disability compensation to a third party is not accurate.
 

Operation Firing For Effect challenges Mr. Strickland’s vague explanation of the 5301 situation. The problem is enforcement of this particular law, not interpretation of 5301. The federal code is very clearly worded and staunchly focused on the protection of veterans’ benefits from third party awards. To suggest there is a loophole in the law that makes it ‘OK’ to ignore the entire intent of the legislation is not even remotely correct. State judges routinely over-step their authority and illegally strip veterans of their earned disability benefits, and there is very little a veteran can do about it. Some veteran’s advocates suggest that 5301 doesn’t really mean what it says, and civil court judges have the authority to ignore this statute when awarding spousal support or alimony. Contrary to this train of thought, the wording in 5301 is very clear and makes no provisions for veteran’s disability compensation to be diverted to a third party under any circumstances.
 

The truth of the matter is; the Department of Veterans Affairs, federal law enforcement agencies, Congress, and all of the Congressionally Chartered veterans’ service organizations are guilty of betraying our disabled veterans by allowing disability compensation to be used in civil courts as a divisible marital asset. Every single day in court rooms across the country severely disabled veterans are wrongly stripped of their earned disability benefits, and no one will stand up to enforce the law. It doesn’t take a college English professor to understand the wording in 5301. Any fifth grade student could comprehend the content of this federal statute. Congress was VERY clear in their phrasing and intent to protect veteran’s benefits from being awarded to ANYONE other than the veteran that earned those benefits under ANY circumstances.

So, in conclusion, if you are a wounded soldier (man, or woman) recovering at Walter Reed, or Brook Army Medical Center, BEWARE! If you are faced with an ugly divorce in the future, you may lose your disability compensation to an able body non-military ex-spouse in divorce court, and no one will lift a finger to help you, or stop this illegal practice.

To review TITLE 38, U.S. Code, Veterans Benefits, §5301(a) in its entirety, visit;

http://assembler.law.cornell.edu/uscode/search/display.html?terms=Title%2038,%205301%20(a)&url=/uscode/html/uscode38/usc_sec_38_00005301—-000-.html
 

If you wish to comment on this story, contact VA Watchdog’s Larry Scott at; larry@vawatchdog.org, or Jere Beery at; jerebeery@aol.com
 

If you would like to know more about this subject, visit;
http://jerebeery.com/press_releases_page.htm

They call themselves the ‘5301 Club’. All 28 members of this exclusive online group are disabled veterans whom incurred life-altering injuries or illnesses during their military service. Most of the group’s members suffer from service-connected combat related injuries, including amputee and wheelchair-bound veterans. They all receive tax-exempt disability compensation from the Department of Veterans Affairs. They have one other thing in common; they are all fighting to protect their earned VA disability compensation from being used as a ‘divisible asset’ in a divorce.
 

The 5301 Club gets their name from the federal law that was created by Congress to protect disability compensation from third party awards; USC, Title 38, 5301(a)(1), Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
 

According to members of the 5301 Club, it is this federal law that is being violated by state divorce courts on a routine basis, and disabled veterans are being unjustly stripped of their earned disability compensation by state judges every day. It is very obvious by the strong and absolute wording in 5301, that Congress intended to protect veteran’s benefits and compensation from third party awards “under any legal or equitable process whatever…” And it is also very clear that this federal protection exists even “after receipt by the beneficiary”. Yet, veteran’s disability compensation continues to be misused as a divisible asset in divorce courts nationwide.
 

Veterans disability compensation is meant to financially assist a person disabled in the line of duty live a whole and productive life. Disability compensation is not an asset, or property. This compensation is awarded to veterans that have lost some ability to work, or maintain a daily routine. Veteran’s disability compensation is tax exempt, and uniquely awarded to a single individual based on their particular disabilities.
 At some point in every divorce, both parties are required to file a sworn financial statement with the divorce court. It is at this point in the legal process that the violation of veteran’s benefits occurs. Once a veteran discloses the fact that they receive VA disability compensation and/or Social Security Disability, those amounts are ‘automatically’ calculated as joint marital financial assets and will be used by the judge to determine the veteran’s ability to pay alimony, or spousal support. Most divorce court judges wrongly treat veteran’s disability compensation exactly the same as military retirement pay. Nothing could be farther from the truth. Military retirement pay is not tax exempt, and is paid out by the Department of Defense, not the Department of Veterans Affairs. This misinterpretation of federal law by state judges is forcing many disabled veterans going through a divorce to use their veteran’s disability compensation to pay alimony, or face contempt charges and jail if they refuse. This action is contrary to the wording and intent of the Congressional Law written to protect veteran’s benefits. Disability compensation should never be considered as an ‘asset’ in determining a disabled veteran’s net worth. According to Title 38, veteran’s benefits belong solely to the person disabled, and should never be diverted to a third party under any circumstances. Most American taxpayers would be surprised to learn that millions of tax dollars they thought were going to pay for veteran’s benefits - were in fact being diverted to able body non-military ex-spouses in the form of alimony, or spousal support. In many of these cases, the veteran was not married to their ex-spouse when they were injured in combat. Yet, state judges continue to routinely overstep their authority and jurisdiction by ordering disabled veterans to voluntarily ‘divide’ their earned veteran’s disability compensation with their ex-spouse, or go to jail. The judge is very aware the disabled veteran doesn’t have the funds to fight his ruling, and in most cases the veteran simply pays the court order without questioning the judge’s order. The judge is also aware that the court cannot go directly to the VA and attach to a veteran’s disability compensation; the VA won’t give it to anyone else but the disabled veteran that earned the benefit in the first place.
 

The 5301 Club was established in 2004 by Vietnam combat disabled veterans, Jere Beery from Ohio, and Dale Vanluven from Tennessee. Both men have impressive backgrounds as grassroots veteran’s advocates, and both men went through a divorce and both were ordered to use their service-connected disability compensation to pay alimony. Over the past 4 years, Vanluven and Beery have heard from many other disabled veterans with the very same ugly divorce situation. In turn, the 5301 Club was born and has become a ‘support group’ for these disabled veterans, and club members openly share information and ideas in an effort to assist other disabled veterans faced with the same issue. Several of the veterans that have joined the 5301 Club have contemplated suicide in the past over this issue, and the 5301 Club has acted like a life raft for these individuals. Veteran’s disability compensation is a very sensitive and emotional issue for most combat veterans. Only the veteran knows what they went through to earn that award. For a civil court judge, that has probably never served in the military, who has no idea what you went through to earn that disability award, orders you to give your ex-wife your disability compensation, a military combat survivor suffering from PTSD can become very emotionally unstable.
 

The 5301 Club is comprised of an elite group of disabled veterans that wish to expose this injustice, and are willing to go public with their stories. Several of the 5301 Club members have spent time behind bars in protest of court orders which give their VA disability compensation to their ex-spouse.
 

Vietnam combat disabled veteran Dale Vanluven, is one of the 5301 Club veterans who were incarcerated over this issue. In 2003, Vanluven spent 180 days behind bars for refusing to use his earned disability compensation to pay spousal support. In 2004, he was sentenced to 30 more days in jail for the very same thing. In other words, combat disabled veteran, Dale Vanluven spent more time behind bars for protecting his earned veteran’s benefits, than Martha Steward served for felony insider trading.
 

Vietnam combat disabled veteran, and 5301 Club member, Calvin Murphy from Michigan is another veteran jailed for refusing to give his earned veteran’s disability compensation to his ex-wife. Murphy’s case is currently in appeal with the Michigan Supreme Court. 5301 Club members David Bates from North Carolina and Phillip Bakane from Alabama have also spent time behind bars for refusing to divide their earned veteran’s disability compensation with their ex-spouses.
 Although a few attorneys have agreed to represent a couple of the 5301 Club members with protecting their disability compensation, most veterans cannot find representation and attorneys turn a blind eye. The attorneys know by going after a veteran’s disability compensation in a divorce settlement, their client will win the ability to pay them. In general, VA disability is considered a ‘cash cow’ in the legal profession and it is in the attorney’s financial best interest to win an award based on a veteran’s disability compensation. In other words, your ex-spouse and her attorney are both getting a piece of your veteran’s benefits, and the judge lets it happen. Everyone wins except the disabled veteran who earned their disability compensation award in the service of their country.
 

Over the past 4 years, 5301 Club members have contacted the Department of Veterans Affairs, several members of Congress and the Senate, a number of state ethics commissions and a number of federal law enforcement agencies with complaints about this blatant violation of federal law, just to be told they do not get involved in civil matters, or family court rulings.
                                                           
Operation Firing For Effect is monitoring all of these cases very closely. In response to this problem, OFFE has authored a customized prenuptial agreement for future disabled veterans to consider before getting married. The OFFE document specifically states; in the unfortunate event of divorce, veteran’s disability compensation and Social Security Disability will not be considered or calculated into the divorce settlement. At this time, this appears to be the only way a veteran (man, or woman) can totally protect their disability compensation. The OFFE Prenuptial Agreement will be posted on www.offe2008.org web site (free of charge) soon.
 

Here is a list of states currently represented by 5301 Club members. Georgia, Florida, Alabama, North Carolina, South Carolina, Colorado, Michigan, Oklahoma, Ohio, Montana, Missouri, New Jersey, and Tennessee. Please direct all media inquires to; jerebeery@aol.com
 It is a sad state of affairs when our disabled veterans have to fight to keep their earned veterans disability benefits. OFFE will bring you any new developments on this issue.
    
If you would like to know more about this subject, visit;
http://jerebeery.com/press_releases_page.htm