The Military Retiree Medical Care Broken Promise Issue
THE LAW WAS CHANGED AFTER THE MEDICAL CARE PROMISE (CONTRACT OFFER) WAS MADE.
The US Code prior to 7 June 1956. TITLE 10, Subtitle A, PART II, CHAPTER 55, Sec. 1074, (b) of the U.S. Code - Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed service who is entitled to retired or retainer pay, or equivalent pay shall, upon request, be given medical and dental care in any facility of any uniformed service. The administering Secretaries may, with the agreement of the Secretary of Veterans Affairs, provide care to persons covered by this subsection in facilities operated by the Secretary of Veterans Affairs and determined by him to be available for this purpose on a reimbursable basis at rates approved by the President.
The US Code after the 7 June 1956 change. TITLE 10, Subtitle A, PART II, CHAPTER 55, Sec. 1074, (b) of the U.S. Code - Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed service who is entitled to retired or retainer pay, or equivalent pay may, upon request, be given medical and dental care in any facility of any uniformed service, subject to the availability of space and facilities and the capabilities of the medical and dental staff. The administering Secretaries may, with the agreement of the Secretary of Veterans Affairs, provide care to persons covered by this subsection in facilities operated by the Secretary of Veterans Affairs and determined by him to be available for this purpose on a reimbursable basis at rates approved by the President.
Congress altered the US Code to change the word "shall" to "may" and added the words “subject to the availability of space and facilities and the capabilities of the medical and dental staff”, which set the stage for military base closures and the breaking of the medical care promise.
There was no fanfare or warning given in reference to this major change to the law that would later impact the lives of millions of military retirees and their families.