Camp Holloway Discussion Forum Archive 05 - 02/12/06 to 01/21/10

Vietnam Combat Disabled Veteran Faces Jail

This came to me via Rolling Thunder Chapter 11 in OH. If you have a way to make some noise about this it would be appreciated.

- Mark

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PRESS RELEASE #42

Vietnam Combat Disabled Veteran Faces Jail Once More

WWW.FIREBASENETWORK.NET

By Staff Writer: Rick Townsend

firebaseadrian@tc3net.com

July 22, 2006

On February 13th of this year, Vietnam combat disabled veteran Calvin Murphy, 56, of Bear Lake, Michigan was sentenced to 90 days in jail for contempt of court. Murphy had refused to honor a court order which used his VA Disability Compensation and Social Security Disability Insurance to pay alimony. Circuit Court Judge James M. Batzer ruled VA and SSDI are both divisible income and Murphy must use this money to pay spousal support or go to jail. The Murphy’s have no minor children. “I spent 4 days in jail before a temporary settlement was agreed on,” Murphy told the Firebase Network. “Now, I go back to court on the 2nd of August facing jail once more,” Murphy added.

In 1966, Calvin Murphy was not married to his current wife. As a soldier in the U.S. Army, Murphy faced combat conditions everyday on the frontlines of the Vietnam War. Murphy was assigned to C-Btry, 1st BN, 44th Arty in I-Corp along the DMZ. His unit took heavy causalities during 1966 and after 6 months of combat Murphy was hospitalized for severe combat fatigue. Calvin Murphy was in the early stages of severe Post Dramatic Stress Disorder (PTSD). Murphy would spend the remainder of his service hospitalized for his condition and honorably discharged.

In 1978, Calvin Murphy went to work for the National Park Service (NPS). Murphy worked for 20 years for the NPS before being medically retired because of his service related PTSD.

In 1996 Murphy filed a claim with the VA and he was awarded 30% disability compensation for PTSD. Calvin Murphy suffered for 30 years after serving in Vietnam without treatment, medication, or even filing a claim with the VA. “I never asked anyone for anything,” Murphy said.

In 2000, Calvin Murphy’s condition continued to worsen. After reevaluation his VA rating was increased to 70% for PTSD and 30% unemployability, bring his rating up to 100% disabled. This VA disability rating is reviewable and subject to change or adjustment in the future.

Calvin Murphy is also receiving Social Security Disability Insurance based on his 20 years of loyal service with the NPS. Calvin Murphy’s SSDI claim was approved because of his service connected PTSD and his inability to return to work.

In 2005 his wife filed for divorce after 24 years of marriage. Her reasoning was, she no longer wanted to live with her husband and his PTSD medical condition. There were no claims of infidelity or abuse in her complaint; Mrs. Murphy simply did not want to live with her husband any more. “I have been receiving treatment for my PTSD since 1996. I have done everything I could do to hold my marriage together. Apparently, ‘in sickness, and in health’ doesn’t mean much anymore,” Murphy said.

According to Calvin Murphy, his wife is already receiving SSDI of her own. “If I agree to the court ordered spousal support, my wife will be receiving her SSDI and a part of mine as well. I see no justice in that at all,” Murphy said. “Under no circumstances will I allow my earned disability benefits to be used as a divisible asset in my divorce. If my wife wants veterans’ benefits, she needs to join the Army like I did,” Murphy stated.

Calvin Murphy is just one of a growing number of disabled veterans choosing to go to jail before surrendering their earned veterans’ benefits to their ex-wives. According to these veterans, their veterans’ benefits are protected by Federal law. In fact, U.S. Code, Title 38, section 5301(a), states in part: Nonassignability 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.

Veterans’ rights advocate, Jere Beery, 58, of Jefferson Ohio has been following the Murphy case very closely. “The wording of 5301(a) is very clear and forbids ‘attachment’ of veterans’ benefits under any legal process, including divorce court. If a judge uses a veteran’s VA benefits to determine ability to pay alimony or spousal support, that judge has ‘attached’ to that veteran’s benefits by calculation. I don’t see any gray-area here”, Beery said in a recent FBN telephone interview. “Calvin Murphy qualified for his veterans’ benefits, not his ex-wife,” Beery added.

Calvin Murphy feels exactly the same way. Murphy is preparing for the worst. On the 2nd of August, Murphy will refuse to pay the court ordered spousal support and go back to jail if his VA and SSDI are calculated into the divorce settlement equation as a divisible asset. “I’m standing my ground on this matter. If I am guilty of anything, I’m guilty of protecting what I, and many other disabled veterans earned with service to our country,” Murphy stated.

Jere Beery says Murphy is not alone in his battle to protect his disability benefits. “We have heard from many veterans going through the same thing Calvin Murphy is. Apparently, judges and lawyers nationwide have declared open-season on veterans’ disability benefits,” Beery claimed.

Long time veterans’ rights advocate Dale Van Luven, 56, of Hermitage, Tennessee teamed up with Beery in 2003 to expose what they say is a failure of federal laws to protect veterans’ benefits from third party awards. Van Luven is yet another Vietnam combat disabled veteran facing jail time for refusing to give up his VA and SSDI to pay alimony. “I know exactly what Murphy is going through. I faced the very same decision in my divorce. I ended up serving more jail time for refusing to give up my VA disability benefits than Martha Steward served for felony insider trading,” Van Luven said. “We are doing everything we can to bring media attention to Calvin’s situation and any other disabled veteran facing this injustice,” Van Luven added.

William Heino, 73, of Frankfort Illinois is a Korean Era, U.S. Navy veteran. In his spare time, Heino enjoys researching federal and state laws concerning veterans and their benefits. Heino has spent hundreds of hours researching this issue over the past two years. In addition, Heino has written several articles on the subject of veterans’ benefits protection in state courts and several letters to judges around the country on behalf of veterans faced with losing their benefits to a third party. “This issue is a lot bigger than just disabled veterans,” Heino said in a FBN telephone interview. “Any disabled American could fall victim to having their disability benefits striped and diverted to a third party in divorce court,” Heino stated. “We have two primary issues here, first, VA disability compensation, and secondly, Social Security disability. In the Murphy case, both of his compensations are service-connected by the fact of Mr. Murphy’s military related PTSD. Therefore, it could be argued that Mr. Murphy’s SSDI is also a veteran’s based benefit and should fall under the protection of Title 38. However, since the Department of Veterans Affairs refuses to get involved in civil matters and enforcing Title 38, the federal law appears to be toothless and unenforceable in it’s protection of veterans’ benefits,” Heino said. “Disability benefits should belong solely to the person that has the disability and qualified for the benefits. Not an able body third party,” Heino concluded.

Dale Van Luven said he has heard from several dozen veterans in the same situation. “We are monitoring a number of cases across the country. It has become very apparent that this practice by state judges has been going on for some time without challenge. We are currently looking for a law firm to take this issue on. Our overall objective is to protect disability benefits for all disabled Americans, including non-military veterans” Van Luven said.

Jere Beery echoes Van Luven’s concerns. “I don’t think the American people are aware that millions of tax dollars paid by American tax payers for veteran’s disability benefits are being diverted to able body third parties via divorce court. This is very wrong and needs to be stopped as soon humanly possible, Beery concluded.

Calvin Murphy said he is baffled by his situation. “My wife divorced me because of an illness I acquired while in the service of my country. Now she wants to take away disability benefits I receive because of my illness. I’m sorry but I can not allow her to do that,” Murphy said.

In a related story, Jere Beery and Dale Van Luven have decided to keep the 5301 defense fund open. Both men have heard from many supporters urging them to continue to collect funds in hopes of retaining an attorney willing to take this issue on. For more information on the 5301 defense fund, visit; http://jerebeery.com/VAN%20LUVEN%20Fund.htm

For the full story, visit; http://jerebeery.com/press_releases_page.htm

The FBN would like to know what you think. Please send your comments to; firebaseadrian@tc3net.com

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