|
THE RETIRED
MILITARY ADVOCATE
This web page is
dedicated to the Military Retiree
Grass Roots Group (MRGRG)
participants who have been
lobbying the Congress of the
United States
since 1995 trying to regain the
medical care they were promised
(while they were on active duty)
which was to take affect after
retirement.
|
|
A
strong supporter of the...
Military
Retiree Grass Roots Group
The Military Retiree Grass Root
Group (MRGRG) was established initially to
develop methods by which military retirees
might regain the medical care they were
contractually promised while they were on
active duty. We lost that battle in the
courts and in the Congress, but we did get
Tricare for Life (TFL) as a results of our
efforts. We are now working to retain
Tricare Prime for those military retirees
less than age 65, and Medicare and TFL for
those military retirees over age 65. The
MRGRG is not an organization. We have no
president and we have no board of
directors. We also pay no dues. Each
person in the MRGRG acts independently.
Basically we lobby the Congress and
support the efforts of the Veterans
Service Organization such as NAUS, TREA,
MOAA, etc.. We must continue to lobby the
Congress else we will get lost in the
shuffle. Talk to them face to face, make phone
calls, write letters, send FAXes, and
e-mail.
|
We have
a duty and a responsibility to keep
our Representatives informed.
Remember
this... if we don't tell the Congress
otherwise they will think everything
is OK.
We
either take part or get taken apart.
~
Click here
to contact your Representatives.
~
Click here to track
your attempts
to educate the
Congress.
Click here
to see how many times your
Representatives has been
contacted since 1 Jan 2011.
~
|
Click
to get acquainted with the greatest
swindle of all time... a story about
a broken medical care
contract with America's
Military Retirees... told by Floyd
Sears, MSGT, USAF, 1951 to 1971,
retired.
Click
to
see the WLOX-TV coverage of the Floyd
Sears slide
presentation of "The
SGR Formula
can be a Medicare Killer"
shown at the Edgewater Mall on the
big screen TV in Biloxi, MS.
Click
to
see the Floyd
Sears slide
presentation of "The
SGR Formula can be a Medicare
Killer"
shown on the big screen at
the Edgewater Mall in Biloxi, MS.
|
Click
here
to add your
name to a
Military
Retiree Grass
Roots list.
If
you have taken
any action(s)
via e-mails,
letters,
FAXes, phone
calls, etc.,
to
influence
the Congress,
in reference
to our common
goal, then you
are a MRGRG
Participant. |
Click here to see a MRGRG
History.
Click here to see MRGRG
Talking Points.
Click here to see
the MRGRG
Billboard
Project
history.
Click here to see letters to the
editor. |
Click
here
to post a message in
the MRGRG Educate the
Congress Record Book (guestbook).
Click
here
to look at messages posted
in the MRGRG Educate the
Congress Record Book (guestbook). |
| E-mail
the Webmaster.
Join
the MRGRG-MS
e-mail
list. Join
the
MRGRG-MS-TALK
discussion
group. |
 
Consider
this:
What would you
do if you made
payments on a
house for 20 years
under what you
thought was a
contract only to
discover that the
contract wasn't
authorized and the
house isn't yours?
What would you do
if the people that
sold you the house
closed the house
and told you that
you could not live
there anymore?
| Would
you fight for what
is yours, or would
you just roll over
and play dead?
|
Now consider this:
What
would
you do if you served
for 20 or more years
in the military being
told that if you
served until
retirement you would
receive free medical
care for yourself and
your eligible
dependents at military
treatment facilities
for as long as you or
they lived only to
discover, via a court
ruling, that the
promise wasn't
authorized and the
government reneges on
the promise? What
would you do if you
were told that you
could not use the
military treatment
facility where you had
been receiving medical
care for years, and
you had to go on
Medicare and pay for
Medicare part B just
like the average
citizen that never
served a day in the
military?
| Would
you fight for what is
yours, or would you just
roll over and play dead?
|
Analyze the
content of this web site and then you be
the judge.
Was the military retiree community
cheated out of the medical care they
were promised?
Click here
and let us know what you think.
Use
the
links below and
take a close look at
the United States
Court of Appeals for
the Federal
Circuit decisions in
the WILLIAM O. SCHISM
and ROBERT L. REINLIE
lawsuit introduced
by...

Medal
of Honor recipient
Colonel George Day
(retired)
As
you
look at these court
decisions... note that
one group of judges
said that military
retirees had a
contract and another
group of judges, on
appeal, admits that a
promise of full free
health care was made
in good faith and
relied upon, but it
was not authorized by
the Congress. This is
double talk. The
United States Armed
Forces, an agency of
the United States
Government, made the
medical care promise.
A contract was formed
when the promise was
made and accepted. The
military retirees
fulfilled their part
of the contract, but
the United States
Government has not.
Click
here
to see a court
decision in favor of
military retirees.
Click here
to see what happened
when the Government
appealed that
decision.
Click here
to see what the
dissenting Judges
had to say about the
decision
against the military
retirees.
Click here to look at
and listen to a full web
page version of the
greatest swindle of all
time story.
Click here to see a
YouTube scaled down
version video of the
Military Retiree
swindle story.
Click here to see a
full video version of the
greatest swindle of all
time story.
Click here to listen
to the greatest swindle of
all time story.
Click
here
or here
to see a 2003 USA Today
article.
Click here
and here
to see a Jayme Evan's
article.

In 1951 -
Floyd Sears solemnly swore
that he would bear true
faith and allegiance to
the United States of
America; that he would
serve honestly and
faithfully against all
their enemies whomsoever;
and that he would obey the
orders of the President of
the United States, and the
orders of the officers
appointed over him,
according to regulations
and the Uniform Code of
Military Justice. In 1951 -
Floyd Sears was a
gullible and naive
young man that
believed
what he was being
told,
as he was suppose to
according to the
oath he took,
when the information
came from an
official source. He
believed
that he and his
dependents would
receive full free
health care for life
after he retired.

Now
Floyd Sears is an old military retiree
that served his country for 20 years
with the understanding that when he
retired he and his dependents would
receive full free health care for life.
The court has said, much to the delight
of the United States Congress, "that the
promise of such health care was made in
good faith and relied upon". The court
went on to say... "However, because no
authority existed [for the military] to
make such promises in the first place,
and because Congress has never ratified
or acquiesced to this promise, they have
no alternative but to uphold the
judgment against the retirees'
breach-of-contract claim. Based on a
court's decision, Floyd Sears now
realizes that he and millions like
himself have been swindled out of the
medical care they were promised by the
country they swore to serve honestly and
faithfully against all their enemies
whomsoever.
NOTE: You will
see references to the United States
Court of Appeals for the Federal Circuit
often as the greatest swindle of all
time story is told.
This
is the situation
military retirees are
faced with. From WWII to
the middle 1990's the
United States Military
Hierarchy, acting as
agents of the United
States Government,
authorized the making of
a promise to provide
free medical care to
those active duty
personnel that would
serve in the military
until retirement. The
government says the
promise was not
authorized by the
Congress and has reneged
on the promise.
You
might think that the
Congress would be outraged
by this situation, but
they wave their flags and
make speeches concerning
how much they appreciate
what the military retirees
have done for their nation
on national holidays and
other occasions, but when
the flag waving and the
speech making is done the
military retirees that
served them faithfully are
forgotten. Out of sight
out of mind.
| This
military retiree medical care
broken promise issue is the
greatest swindle of all time...
it's a broken contract with
America's military retirees. |
A
medical care promise
was made and the order
to make the medical
care promise came down
from the highest
levels of the military
hierarchy.
Quote
from http://www.fas.org/man/smedley.htm
: "I suspected I was just part of a racket
at the time. Now I am sure of it. Like all
members of the military profession I never
had an original thought until I left the
service. My mental faculties remained in
suspended animation while I obeyed the
orders of the higher- ups. This is typical
with everyone in the military service." :
General Smedley Butler. USMC (Ret.)
General
Smedley was not making
reference to the military
retiree medical care
broken promise issue, but
I think his words "My mental
faculties remained in
suspended animation while
I obeyed the orders of the
higher- ups"describes
very well how people in
the military handled the making
of the medical care
promise and other orders
received from the highest
levels of the military
hierarchy.
The
Congress
had to know that the
promise of medical
care after
retirement was being
made and probably
knew that the
promise would not be
kept, but they
allowed the promise
to be made anyway.
The
medical
care promise was
used to entice
people to re-enlist.
It was serving a
purpose and it was
working. Why stop
it?

The
role
of
the re-enlistment
counselor in the
USAF was not a
wishie-washie
operation. It
was
well
organized and
official. Click here to see a
testimonial of a
former Unit
Retention Counselor.
This
is
part of a court's
conclusion rendered in
a lawsuit brought by
military retirees
against the government
for breach of
contract. It is also a
good description of a
swindle. "They
served their country
for at least 20 years
with the understanding
that when they retired
they and their
dependents would
receive full free
health care for life.
The promise of such
health care was made
in good faith and
relied upon. Again,
however, because no
authority existed to
make such promises in
the first place, and
because Congress has
never ratified or
acquiesced to this
promise, we have no
alternative but to
uphold the judgment
against the retirees'
breach-of-contract
claim."
The
court also
said... "Perhaps
Congress
will consider
using its
legal power to
address the
moral claims
raised by
Schism and
Reinlie on
their own
behalf, and
indirectly for
other affected
retirees.",
but
the congress
has done
nothing.To
verify this quote
click here.
A
swindle is... an
intentional false
representation to
obtain money or any
other thing of value,
where deception is
accomplished through
the victim's
belief in the
validity of some
statement or object
presented by the
offender.
The
military
personnel that
were making the
promise had no
reason to
believe that the
promise being
made was
invalid. People
on active duty
in the military
have an
obligation and a
duty to believe
what they are
being told when
it comes from an
official source,
and they had no
reason to
believe that the
medical care
promise being
made was invalid
anymore than an
order to charge
up a hill under
fire was
invalid.
The
offer of free medical
care after retirement
was made by the military
hierarchy,
understood and
accepted by military
personnel, and a
contract was formed.
The military retirees
fulfilled their part
of the contract, but
the government reneged
on the promised of
free medical care.
|
So,
all is forgotten, all
is forgiven, we just
write it off, and the
military retirees who
depended on this
promise for medical
care get swindled?
|
We
fought
hard in the Congress and in
the Courts to regain the
medical care we were
promised, but we were
overwhelmed and defeated by
the unlimited resources of
the United States Government
Justice System. We simply
could not compete with the
government's unlimited
resources.
One
of the big questions concerning the medical
care promise is... did the Congress ratify
or acquiesce to the military retiree medical
care promise? Did the Congress Know that the
medical care promise was being made? Read
what the dissenting judges had to say,
and you be the judge.
"Promises
of lifetime medical care
were made to military
officers by military
officials for more than 50
years. Likewise Congress
knew, or certainly should be
charged with knowing, how
the billions of dollars it
appropriated for military
medical care were allocated
and that the amounts it
appropriated for military
pay were diminished by the
imputed value of medical
care on active duty and
after retirement. Congress
is presumed to know the
terrain against which it
legislates. To suggest it
was oblivious, that it did
not know military officials
were promising medical care
in accordance with its
appropriations is pure
sophistry. If it were
otherwise, if Congress can
appropriate billions for
this aspect of national
defense and not know how it
is accounted for, then God
save the Republic. Of course
Congress knew; of course the
service secretaries
authorized promises in
return for service; of
course these military
officers served until
retirement in reliance; and
of course there is a moral
obligation to these men: it
is called honoring the
contract the United States
made with them and which
they performed in full.
Because the court
countenances the
government’s breach of the
implied contracts and its
taking of the rights vested
in these retired servicemen,
I dissent."
Reference http://mrgrg-ms.org/f99-1402.html#conclusion2
The
author
of
this
web
page
believes
that
the
Congress
knew
the
medical
care
promise was
being made.
The author of
this web page
believes that
the infamous "subject
to
the availability
of space and
facilities and the
capabilities of
the medical and
dental staff"
words were
added to the
U.S. Code to
make it legal
to close bases
where the
medical care
promise was
suppose to be
kept. If
the
government had
intended to
keep the
medical
care
promise
then why was
it necessary
to add those
words to the
U.S. Code? The
mere fact that
those words
were added to
the U.S. Code
is a clear
indication
that the
Congress knew
the medical
care promise
was being made
and they
needed to
start taking
actions such
that the
promise would
not have to be
kept. If the
space and
facilities
were reduced
or removed
where the
promise was
suppose to be
kept then the
medical care
promise would
be null and
void.
All of this
was justified
under the
standard guise
of saving tax
payer dollars.
How
can the Congress look
at what the United
States Court of
Appeals for the
Federal Circuit has
said...
"We cannot
readily imagine more
sympathetic plaintiffs than
the retired officers of the
World War II and Korean War
era involved in this case.
They served their country
for at least 20 years with
the understanding that when
they retired they and their
dependents would receive
full free health care for
life. The promise of such
health care was made in good
faith and relied upon.
Again, however, because no
authority existed to make
such promises in the first
place, and because Congress
has never ratified or
acquiesced to this promise,
we have no alternative but
to uphold the judgment
against the retirees'
breach-of-contract claim."
... and
not see that America's
military retirees have
been swindled?
Why
didn't
the Congress
stop the
making of the
unauthorized
medical care
promise right
after it
started? Why
didn't the Congressional
Research Service investigate
this matter and report that
an unauthorized promise was
being made to potential
career military men and
women? They did not stop the
promise of medical care
after retirement because it
was working as a (what
turned out to be) deceptive
incentive
to get the experienced
military personnel to
reenlist.
|
The
military
hierarchy
authorized the making
of this medical care
promise in good faith
starting back in World
War II, but according
to a 2002 court
decision they were not
authorized to make the
promise. I can not
believe that the
military hierarchy
would authorize a
promise of such
magnitude knowing that
it was illegal.
The Congressional Research Service
Reports for Congress
on
"Military Health Care:
The Issue of 'Promised' Benefits"
and
the part that was not
reported to the Congress
All of
the legal mumbo jumbo contained in the
following Congressional Research Service
(CRS) reports to the Congress does not
change the fact that military retirees
were promised free medical care after
retirement and have been cheated out of
what they were promised. The elements of a
contract were set when the active
duty military entered into an
agreement with the Armed Forces of the
United States. And, all of the legal mumbo
jumbo contained in the following CRS
reports to the Congress does not change
the fact that military retirees were
swindled out of what they were promised.
Somebody or some agency needs to be held
accountable. If it isn't the United States
Government then who is it?
The following CRS Reports for
Congress on "Military Health Care: The
Issue of 'Promised' Benefits" played a
major role in the processes that bought
about the 18 Nov 2002 defeat of the Schism and Reinlie lawsuit
brought by Medal of Honor recipient
Colonel George Day (retired). The Schism
and Reinlie lawsuit was designed to regain
the medical care that was promised to
military retirees.
The author of this web page is
intrigued by
this one
sentence in the
History
and Mission of
the CRS. "Indeed,
the sole
mission of CRS
is to serve
the United
States
Congress.".
Running
the risk of
this being
taken out of
context... I
feel it is
reasonable to
assume that
this means the
CRS had no
particular
obligation to
serve the
interest of
the military
retirees
seeking
justice within
the justice
system. Click here to see the
History and Mission
of the CRS.
This
is
a rebuttal to
the CRS
Reports for
Congress on...
"Military
Health Care:
The Issue of
'Promised'
Benefits".
| Although
the
comments
of
the
dissenting
judges
Chief
Judge
Mayer,
Circuit
Judge
Newman,
Senior Circuit
Judge Plager,
and Circuit
Judge Gajarsa,
click here,
rebut these
CRS Reports
for Congress
very well I
feel that it
is proper and
reasonable for
a military
retiree to
also
rebut
these CRS
Reports for
Congress on
"Military
Health Care:
The Issue of
'Promised'
Benefits". |
I
have no
official way
of presenting
this web page
to the
Congress, but
it needs to be
presented to
the Congress
because the
minds of the
Congress have
been set in
concrete by an
incomplete CRS
Report.
However, on
the off chance
that some
Senator or
Representative
may wander
this way...
here is a
rebuttal to
this CRS
Report for
Congress by
one military
retiree.
Obviously I
can not rebut
every word of
the 5
documents
listed above.
Therefore I
will rebut the
SUMMARY
paragraph of
the 19 Jan
2006 Report
for Congress.
I have
numbered each
sentence of
the SUMMARY
paragraph to
facilitate my
rebuttal. My
rebuttal
follows the
SUMMARY.
Let
it
be clearly
understood
that the
author of this
rebuttal is
not saying
that these CRS
reports are
false, but let
it also be
clearly
understood
that the
author of this
rebuttal is
saying that
these reports
are
incomplete.
These Reports
for Congress
tell one side
of the story
and makes the
manner in
which the
medical care
promise was
made to the
active duty
military
appear to be
insignificant,
and
unimportant.
Did Congress acquiesce
to this
medical care
after
retirement
promise?
Whether they
did or did not
is unimportant
to the author
of this
rebuttal
because the
Congress never
promised me
anything. In
my case,
ranking
members of the
USAF made the
medical care
promise to me
over a 20 year
period. In
their defense,
I do not
believe that
they knowingly
made an
unauthorized
promise. The
court agrees
with my
belief. The
court said,
"The promise of such health care was made in good
faith and
relied upon."
Click here
to see
reference
material.
If
the Armed
Forces of the
United States
was making an
unauthorized
promise then
why didn't the
Congress take
the necessary
actions to
stop the
making of the
promise? Why
didn't the CRS
step in and
make a report
to the
Congress that
unauthorized
promises were
being made?
Let it be
understood
that members
of the United
States Armed
Forces are
trained to
believe, and
had to believe
what they were
being told
when it came
from an
official
source. And,
let it be
understood
that military
personnel did
not have
personal
lawyers to
advise them
whether they
should or
should not
believe what
they were
being told. In
the early
1950's, at
Carswell AFB,
the squadron I
was assigned
to was marched
to the base
theater on a
weekly basis
to watch films
such as
"Victory At
Sea", and
other WWII
documentaries.
At these
military
briefings we
were told many
things that we
had to
believe,
including the
promise of
free medical
care for life
if we served
for 20 or more
years in the
military and
retired.
Can you
imagine what
would happen
to a low
ranking person
if he/she
challenged
their
Commanding
Officer in
reference to
whether or not
he/she was
making an
unauthorized
statement/promise?
If the
military
hierarchy was
making an
unauthorized
promise then
it should have
been stopped
as soon as it
started. It
should not
have been
allowed to go
on over a
person's 20 to
30 year
career.
This
SUMMARY
paragraph was
extracted from
http://mrgrg-ms.org/crs1006e-the-issue-of-promised-benefits.pdf
- 1). Many military health care beneficiaries,
particularly
military
retirees,
their
dependents,
and those
representing
their
interests,
state that
they were
promised “free
health care
for life at
military
facilities” as
part of their
“contractual
agreement”
when they
entered the
armed forces.
- 2). Efforts to locate authoritative documentation of
such promises
have not been
successful.
- 3). Congressional report language and recent court
decisions have
rejected
retiree claims
seeking ‘free
care at
military
facilities’ as
a right or
entitlement.
- 4). These have held that the current medical benefit
structure made
up of military
health care
facilities,
Tricare and
Medicare
provide
lifetime
health care to
military
members,
retirees and
their
respective
dependents.
- 5). Nevertheless, claims continue to be made,
particularly
by those
seeking
additional
benefits from
the Department
of Defense, or
attempting to
prevent an
actual or
perceived
reduction in
benefits.
THE REBUTAL:
Item
1).
Many
military
health
care
beneficiaries,
particularly
military
retirees,
their
dependents,
and
those
representing
their
interests,
state that
they were
promised “free
health care
for life at
military
facilities” as
part of their
“contractual
agreement”
when they
entered the
armed forces.
Rebuttal:
The "Many"
word should be
changed to
"Millions of".
The "many"
word tends to
mislead
someone (like
Senators,
Representatives,
and their
staff members)
that knows
nothing about
how the
promise was
made to
believe that
the promise
was made to
just a few,
but not all
members of the
active duty
military. In
reference to,
"when they entered the armed forces".
This
statement
is
very
misleading
because
it
makes
it
appear
that
the promise of
medical care
was made only
by recruiters
to new
recruits.
Anyone who has
been through
the trauma
associated
with the
induction into
the Armed
Forces knows
that the last
thing a
recruit is
thinking about
is something
that may
happen 20
years down the
road. The new
recruit is
thinking about
how he/she
will make it
through the
next few hours
or the next
few days. As I
will explain
later, what
the recruiter
said during
the recruiting
process is
relatively
unimportant.
The military
indoctrination
and training
processes
that
happens over a
20 to 30 year
period on
active duty in
reference to
medical care
after
retirement is
very
important. To
place blame on
a recruiter
for misleading
recruits in
reference to
the medical
care promise
is ridiculous.
The recruiters
followed
approved
procedures to
get people
into the
military.
The active duty supervisors,
1st sergeants,
commanding
officers, and
re-enlistment
counselors did
what was
necessary to
keep people in
the military.
Item
2).
Efforts
to locate
authoritative
documentation
of such
promises have
not been
successful.
Rebuttal:
I
have a problem
with the
"Efforts"
word. What was
the extent of
the effort to
locate
authoritative
documentation.
What kind of authoritative
documents
was the CRS
Report for
Congress
looking for.
Was the report
looking for
the check
lists that
members of the
military
signed to
indicate that
they
understood the
medical care
promise that
was being made
during
re-enlistment
briefings?
Click here
for more
information. If
the
CRS Report was
looking for
that
documentation
then it
certainly
could not be
found because
those check
lists were
either
destroyed or
given to the
service member
on his
retirement.
Did
the
CRS Report for
Congress
try to find
military
retirees that
may have kept
that kind of
documentation?
Most military
retirees would
not have kept
that kind of
documentation
because there
was no need to
keep documents
like that.
After all a
promise had
been made by
the most
honorable
Armed
Forces
in the world
acting as an
agent of the
United States
government the
most honorable
government
in the world.
Why would a
person need to
prove that a
valid promise
was made. If
one would
reason that a
retiring
member of the
military
should have
made copies of
certain
documents then
one should
remember that
we didn't have
copying
machines back
in the days in
question. Then
one could ask
that if the
check lists
were found
would they be
authoritative
documentation
that the
medical care
promise was
made by
military
personal
acting in
their official
capacity under
orders as
agents of the
United States
government.
The
re-enlistment
check lists
were official
authoritative
documentation.
Click
here
for more
information.
In their
efforts to
locate authoritative
documentation
that the
medical care
promise was
made, how many
military
retirees did
the
CRS Report for
Congress
interview? One
hundred? One
Thousand? One
million? Did the
CRS
Report for
Congress take
any actions to
get sworn
statements
from military
retirees
concern the
intensity of
how the
medical care
promise was
made. The
author of this
rebuttal
believes that
the CRS
Report
for Congress
found what it
wanted to find
to make the
case against
the military
retirees and
nothing more.
Item
3). Congressional report language and
recent court
decisions have
rejected
retiree claims
seeking ‘free
care at
military
facilities’ as
a right or
entitlement.
Rebuttal:
By
rejecting
the retiree
claims, is the
CRS Report for
Congress
putting it
self on the
same level as
a court? If
this is true
then there was
no point in
having a
trial. Or, is
the CRS report
setting itself
up as being
Biblical in
nature where
it's finding
are
indisputable.
What
about
the language
of the
millions of
military
retirees that
are being
swindled out
of the medical
care they were
promised. Does
their word
mean nothing?
It is
important to
note that not
all courts
rejected the
retiree
claims. The CRS
Report
for Congress
failed to
mention the 8
Feb 2001 court
decision where
the court
said, "The
retirees
entered
active
duty
in
the
armed
forces
and
completed
at
least
twenty years
service on the
good faith
belief that
the government
would fulfill
its
promises.
The terms of
the contract
were set when
the retirees
entered the
service and
fulfilled
their
obligation.
The government
cannot
unilaterally
amend the
contract terms
now."
Click here
to see
reference
material. In
my opinion
this court
decision was
excluded from
the summary
because it
would have
been counter
productive in
reference to
the case the CRS
Report
for Congress
was trying to
make.
Item
4). These have held that the current medical benefit
structure made
up of military
health care
facilities,
Tricare and
Medicare
provide
lifetime
health care to
military
members,
retirees and
their
respective
dependents.
Rebuttal:
Has
the
CRS Report for
Congress
considered
what will
happen if the
current cuts
to Medicare
continue and
Doctors reach
the point
where they can
not afford to
take Medicare
patients. In
this regard we
are no
different than
a person that
never spent a
day in the
military. If
we can not
find Doctors
that will take
Medicare then
Tricare for
life is
worthless.
Item
5). Nevertheless, claims continue to be made, particularly
by those
seeking
additional
benefits from
the Department
of Defense, or
attempting to
prevent an
actual or
perceived
reduction in
benefits.
Rebuttal:
The
military
retiree
community is
not seeking
additional
benefits. We
only seek
those benefits
that were
promised. We
are not a
cheap bunch of
thugs trying
to get
something for
free. We paid
for what we
were promised
with, sweat,
blood, and
tears. We
fulfilled our
part of the
medical care
contract and
we
respectfully
demand that
the United
States
Government
fulfill their
part of the
contract. The
dissenting
judges in the
18 Nov 2002
court findings
state our
position very
well: "Promises of lifetime medical care were made to military
officers by
military
officials for
more than 50
years.
Likewise
Congress knew,
or certainly
should be
charged with
knowing, how
the billions
of dollars it
appropriated
for military
medical care
were allocated
and that the
amounts it
appropriated
for military
pay were
diminished by
the imputed
value of
medical care
on active duty
and after
retirement.
Congress is
presumed to
know the
terrain
against which
it legislates.
To suggest it
was oblivious,
that it did
not know
military
officials were
promising
medical care
in accordance
with its
appropriations
is pure
sophistry. If
it were
otherwise, if
Congress can
appropriate
billions for
this aspect of
national
defense and
not know how
it is
accounted for,
then God save
the Republic."
Click here
to see
reference
material.
The Congressional Research Service
Reports for
Congress on
"Military
Health Care:
The Issue of
'Promised'
Benefits"
tends to play
up the role of
the military
recruiter as
people that
would have
gone to any
extreme to
make a quota
and play down
the role of the active duty supervisors,
1st sergeants,
commanding
officers, and
re-enlistment
counselors all
doing their
job as
ordered. The
military
recruiters and
the active
duty military
did their jobs
in an
honorable
manner as
directed by
the military
hierarchy.
If the CRS
Report
for Congress
was looking
for the whole
truth
concerning how
the medical
care promise
was made they
could have
found a
million
stories
similar to
this:
In November of 1951,
because of the
military
draft, I had
to make a
choice. I
could volunteer
to join or be
drafted
into the
military. At
that time I
did talk to a
military
recruiter and
I volunteered
to join the
military. I
was told by
the military
recruiter that
medical care
would be
provided for
me and my wife
while I was on
active duty, and
medical
care
after
retirement
was
mentioned.
I
was very
interested in
the immediate
medical care
since I could
not afford
insurance
based on what
I would be
paid. In
November of
1951 I was
not
concerned
about medical
care after
retirement
because I had
no interest in
a military
career, but
because of
medical care
promises I
changed my
mind. That's
the way it was
suppose to
work.
Much has been said concerning the
recruiter's
role in the
making of the
medical care
promise. Based
on my
experience,
too much
emphasis is
placed on the
recruiters
promise
and this
emphasis has
creating a
grave
misunderstanding
in the
Congress. The
Congress must
understand
that prior to
joining the
military I
talked to a
recruiter for
about 30
minutes
to fill out
forms, and
again when he
gave me a bus
ticket. I
never talked
to a recruiter
again.
| Think about this... it is
not very
likely that I
would have
remembered the
medical care
after
retirement
promise for 20
years if I had
only heard the
promise made
once by a
recruiter. |
My
decision to
stay in the
military, and
retire, was
not
based a
recruiters
promise. My
decision was
based on the
promises made
during my
first four
years in the
military from
1951 to 1955.
During this
period the
United States
Air Force was
engaged in an
all-out
campaign to
get military
personnel to
reenlist. The
campaign was
very intense
and very well
organized. The
medical care
after
retirement
promise was
made
continuously.
The promise
was made to me
by my
Supervisors
(on an almost
daily basis),
my 1st
Sergeant (on a
weekly basis),
my Commanding
Officer (at
monthly
briefings -
commanders
call), and
Reenlistment
Counselors
(several times
during the
last 3 to 4
months of my
first
enlistment).
The medical
care after
retirement
promise was
made openly,
officially,
and
continuously
to encourage
me and other
trained and
experienced
military
personnel to
remain in the
military. The
making of the
medical care
after
retirement
promise did
not stop after
my first
enlistment.
The promise
was made to me
throughout my
20 years in
the Air Force.
In a few short years none of this will matter
because all of
the military
retirees who
are affected
by this
swindle will
be dead and
the swindle
story will die
with them.
However, many
of us will go
on fighting
for what we
were promised
until that
final day will
come for each
of us. We were
taught many
things by the
United States
Military, but
we were never
taught how to
quit.
Each of us wonders if there a set of rules in
place today
that protects
the men and
women who are
fighting
today's wars
from being
swindled out
of what they
are being
promised, just
like the
greatest
generation of
military
retirees are
being
swindled?
The military retiree medical care broken promise
issue is the
greatest
swindle of all
time. The
medical care
promise was
made and a
contract was
formed. "A contract is any "legally-enforceable"
promise or set
of promises
made by one
party to
another and,
as such,
reflects the
policies
represented by
freedom of
contract. In
the civil law,
contracts are
considered to
be part of the
general law of
obligations".
How can it be
fairly decided
if any
contract is "legally-enforceable" when one party
involved in
the contract
is also the
Judge?
It
should
be
noted
that
while
the
military
retirees
were
on
active
duty
they
had
no way of
knowing that
the medical
care after
retirement
promise being
made by the
military was
invalid..... military
retirees
thought they
were serving
under the
terms of a
valid
contract. We
had
no way of
knowing that
later in
retirement we
would be
swindled out
of the medical
care that was
being
promised.....
I am quite
sure that the
court
recognized
that the
military
retirees
had been
cheated and were
victims
of a swindle
and this is
why the court
said, "Perhaps Congress will consider using its legal power to
address the
moral claims
raised by
Schism and
Reinlie on
their own
behalf, and
indirectly for
other affected
retirees".
We
have
been
waiting
for
the
Congress
to
act
on
the
courts
suggestion.
It's our last
hope because
the justice
system has
abandoned us.
I want to end this rebuttal to the CRS
Report for
Congress by
taking a look
at page CRS-4
of the 19 Jan
2006 CRS
Report for
Congress and a
comment that
make active
duty military
people look
like idiots.
The CRS wrote: "The end results appears to be
that,
regardless of
the lack of
statutory
entitlements,
many active
duty personnel
and their
dependents,
and retirees
and their
dependents,
erroneously
came to
believe that
they were
guaranteed
free health
care in
military
facilities for
life".
This is the most insulting and ridiculous
statement I
have ever seen
written by
what is
suppose to be
a respectable
and
responsible
government
agency.
I did not erroneously come to believe that I
was guaranteed
free health
care in
military
facilities for
life. I
came to
believe
because;
the
leaders
appointed over
me made the
medical care
promise in
good faith;
the leaders
that I would
be required to
follow into
hell if
necessary in
defense of the
United States
of America
told me
so; the
leaders I
would give my
life for if
necessary told
me so; the
leaders that
were like Gods
to me told me
so; the
leaders I was
suppose to
believe told
me so; the
leaders that I
trusted with
my life told
me so; the
leaders
sitting across
the desk from
me at
re-enlistment
time told me
so; my
Commander at
Commanders
call told me
so; and as a
result a
contract was
formed.I took an oath to
obey the
orders of the
officers
appointed over
me and I
believed what
they told me. I
came to
believe that
the medical
care promise
being made was
as valid as an
order to
charge up a
hill under
fire.
========> That's how I came to
believe! <========
Active duty military personnel did not
erroneously
come to
believe. They
came to
believe
because that's
the way the
military
system works.
One is told
what to
believe and
they believe.
A military
person does
not look for a
lack of
statutory
entitlements
when officers
appointed over
him/her passes
out official
information or
gives an
order. I came
to believe
because that
is what I was
required to
do.
|
Wake up
America else
reports like
this CRS
Report for
Congress will
have every
junior
military
person on
active duty
disbelieving
or questioning
what their
superiors tell
them. Active
duty men and
women must
believe what
they are told
when it comes
from an
official
source. That's
the way the
military
system works.
The United States Government has an
obligation to
pay and they
should have
paid this
medical care
bill when it
was due
because if
this CRS
Report for
Congress, that
brought us
proud military
retirees to
our knees,
continues
unchallenged
then the
government and
the American
people will
surely pay
later.
I'm sure
there are
thousands of
military
retirees,
military
retiree
spouses, and
military
retiree
survivors,
that have been
lobbying the
United States
Congress, in great frustration, to regain the medical care
they were
promised now have "Anger PTSD".
Anger is a
strong
emotion; a
feeling that
is oriented
toward some
real or
supposed
grievance.
PTSD is a
psychological
reaction to a
traumatic
event or
events. Being
swindled out
of the medical
care military
retirees were
promised for
20 to 30 years
of work and
service to
their country
is certainly a
traumatic
event,
and is just
cause for anger. Prolonged anger has clear health
consequences.
Prolonged
anger can lead
to many deadly
health issues,
such as the
many
unexplained
medical
problems that
military
retirees
suffer from. I
have no way of
determining
what the
breaking of
the medical
care promise
has cost the
American tax
payers as a
result of
Anger PTSD,
but it
may be equal
to what the
government
thinks they
saved by
breaking the
medical care
promise.
The
American
people and the
United States
Congress must
never forget
that which is
owed to its
military
retirees,
military
veterans,
active duty
military, and
their eligible
dependents.
Ignoring
events such as
this medical
care broken
promise issue
is slowly
eroding the
moral
foundation of
this nation.
The United
States was
once a great
nation that
could be
trusted to
keep its
promises yet
now it's
willing to
cheat its
military
retirees out
of the medical
care they were
promised, while
on active
duty, in
retirement.
From
the 1940's to
the 1990's,
when people on
active duty
made the
decision to
serve until
retirement,
the rest of
their life was
centered on
the medical
care promise.
I would not
have served
until
retirement if
there was no
promise of
medical care
after
retirement. In
1971, when I
retired, a
retirement
check of $326
per month
before taxes
was certainly
not an
incentive to
serve until
retirement.
There had to
be something
more and that
something more
was the
promise of
medical care.
The medical
care after
retirement was
referred to as
"deferred
compensation"
and was used
to justify the
low pay of the
active duty
personnel. The
government and
the military
hierarchy cut
the active
duty military
pay short
because
it was
said that they
would make it
up to them
later in
retirement
"with the free
medical care".
This was just
one more of
the dirty
tricks used to
get the active
duty personal
to reenlist
and serve
until
retirement.
May God help those that are responsible for this greatest swindle of all time injustice
live with their conscience.
|