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The greatest swindle of all time… a broken contract with America’s military retirees

The Military Retiree Medical Care Broken Promise Issue Narrated by: Floyd Sears, MSGT, USAF, 1951-1971 (retired). The greatest swindle of all time… a broken contract with America’s military retirees Think about... Fraud Swindle And think about a contract... Offer Acceptance of the offer.

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The greatest swindle of all time… a broken contract with America’s military retirees

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  1. The Military Retiree Medical Care Broken Promise IssueNarrated by: Floyd Sears, MSGT, USAF, 1951-1971 (retired) • The greatest swindle of all time… a broken contract with America’s military retirees • Think about... • Fraud • Swindle • And think about a contract... • Offer • Acceptance of the offer

  2. Military Retiree Medical Care Broken Promise IssueMILITARY VETERAN –vs- MILITARY RETIREETHE DIFFERENCE: • NOT ALL VETERANS ARE THE SAME • In reference to medical care that was promised • MILITARY VETERANS -vs- MILITARY RETIREES • Military Veterans • Military Retirees • MILITARY VETERANSee United States Code, TITLE 38 - VETERANS' BENEFITS, PART I, CHAPTER 1, Sec. 101 • MILITARY RETIREE • All military retirees are veterans, but not all veterans are military retirees.

  3. MILITARY VETERAN and MILITARY RETIREETHE MISUNDERSTANDING: • What people don’t understand. • Military Retirees were promised free medical care for themselves and their eligible dependents for life at Military Treatment Facilities. • Military Veterans were promised medical care at a VA Hospital or Clinic basically for service connected disabilities or medical conditions.

  4. MILITARY VETERAN –vs- MILITARY RETIREETHE CONFUSION FACTOR: • People get confused... • The distinction is necessary to avoid the confusion that always results… • It is not a military veteran's issue. • It is a military retiree issue. • Veterans number about 26.5 million. • Military retirees number about 1.8 million. • In fairness to all concerned.

  5. The contractual offer - From WWII to the early 1990's • Serve for 20 years in the military and retire, and you will receive full free medical care for yourself and your eligible dependents, at military treatment facilities, for as long as you and your eligible dependents live. • greatest gimmick • promotional stratagem • swindle of all time • active duty military believed it as they were suppose to

  6. The promise did not indicate... • that a military retiree would have to use and pay for a medical care plan such as Medicare. • that a military retiree would have to use and make copays to an HMO type medical care plan. • that the promise applied to nonmilitaryretireeveterans. • One had to serve for at least 20 years and retire in order to be eligible for the promised medical care.

  7. Who made the promise? • Military Recruiters • Basic Training Instructors • Line Level Supervisors • 1st Sergeants • Commanding Officers • Reenlistment Counselors • United States government • Directed by publications

  8. The military hierarchy authorized the making of the promise because it was the law • Prior to 7 June 1956 • 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. • TITLE 10, Subtitle A, PART II, CHAPTER 55, Section. 1074, (b)

  9. The medical care promise was made... • To encourage the trained and experienced military personnel to remain in the military • To save the American taxpayers BILLIONS of dollars • It was all about money

  10. Congress changed the US Code • On 7 June 1956 Congress changed the US 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. • TITLE 10, Subtitle A, PART II, CHAPTER 55, Section. 1074, (b)

  11. Congress altered the US CodeTITLE 10, Subtitle A, PART II, CHAPTER 55, Section. 1074, (b) • To changed the word • "shall" to "may” • Added the words • subject to the availability of space and facilities and the capabilities of the medical and dental staff • and the stage was set for... • military base closures • breaking of the promise • the greatest swindle of all time

  12. It was business as usual... • No fanfare • Or warning • Given to the active duty military • The military establishment continued to make the same medical care promise.

  13. The medical care promise was still being made as late as 1991 • <== Superb Health Care. • Health care is provided to you and your family members while you are in the Army, and for the rest of your life if you serve a minimum of 20 years of Federal service to earn your retirement. • See MRGRG-MS.ORG for more promises.

  14. Take a close look at this health care promise that was being made as late as 1991 • Superb health care • Promised to you • And your family members • For the rest of your life • If you earn retirement • Poster was printed in the US Government Printing Office • U.S.G.P.O.1992 643-711 • RPI 909 NOVEMBER 1991

  15. Military bases and medical care facilities were closed and TRICARE was born • In the late 1980s, Congress and the Department of Defense started the process… • where the medical care promise was supposed to be kept. • As a result... • the space, facilities, and the capabilities of the medical staff were substantially reduced, • the Military Health Care System had to change, • and TRICARE was born.

  16. In 1995, TRICARE came to Keesler AFB... • Where I had been receiving medical care • I turned 65 • Was not eligible to enroll in Tricare Prime • Had to leave Keesler AFB • Go on Medicare • Pay for Medicare Part B and a Medicare supplement And the medical care promise was broken…

  17. The medical care promise was also broken for millions of other military retirees • Including those under age 65… • The government reneged on their promise! • It was all about money… • It's the greatest swindle of all time…. it's a broken contract with America's military retirees

  18. The acceptance of the offer… • I do solemnly swear that I will bear true faith and allegiance to the United States of America; that I will serve honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.

  19. I made a promise and I kept my promise • I would have died to keep my promise. • I had no choice. • I went where I was suppose to go. • I did what I was ordered to do. • I obey orders. • Military personnel must believe what they are told when it comes from an officialsource. • They have no choice. • I had to believe what I was being told. • I had to believe the medical care promise.

  20. The military person is trained to trust their leaders and believe what they are being told. • Is the first step in obeying orders • If a military person is told… • should they believe the one thing they are told and disbelieve the other? • I trusted and respected my military and elected leaders. • I believed what I was told and I believed what I was promised. • They, my leaders, could and did depend on me. • I never let them down. I never reneged on my promise.

  21. The lawsuit seeking justice • In July 1996: A lawsuit was filed on behalf of William O. Schism and Robert L. Reinlie (plaintiffs)... • Monetary damages • Charging age discrimination • 5th amendment taking of property • Breach of contract • In June 1997: The District Court dismissed… • Claim of age discrimination • 5th amendment taking of property • Breach-of-contract theories Colonel George E. Day Medal of Honor Recipient

  22. The case goes to Washington, DC. • Aug 1998: District Court [Pensacola, FL] denied plaintiffs’ entire petition. • Dec 1998: The Plaintiffs appealed to US Circuit Court of Appeals for the Federal Circuit, in Washington, DC. • Mar 2000: The Federal court [a three Judge panel] heard oral arguments of both parties.

  23. A three judge panel finds for the plaintiffs • Feb 2001: A three judge panel of the Federal Circuit Court of Appeals, overturned the District Court's decision, and finds... • before 7 June 1956 • had been promised free lifetime health care • and were due compensation • for the government’s failure to live up to that promise • This Decision was appealed by the United States Government.

  24. A full court finds for the Government and the Supreme Court refuses to hear the case • Jun 2001: Court agrees to rehearing before the full court [11 Judges]. • 6 Mar 2002: The full court heard oral argument from both sides. • 18 Nov 2002: The full court overturned the three judge panel decision. This decision was appealed by the plaintiffs to Supreme Court. • 24 Jan 2003: A petition was filed in the Supreme Court. • 2 Jun 2003: The Supreme Court refuses to hear the case.

  25. You be the Judge. Did justice prevail?

  26. The author of this web page is somewhat confused concerning the court's decision. • You agree to make 20 payments… • The dealer receives and makes full use… • Now the car is yours, right? Wrong! • The dealer says… • You say that this is ridiculous… • There was an offer and an acceptance of the offer and youfulfilledyourpartofthecontract.

  27. What if you are made this offer: • Serve for 20 years in the military, and retire, and you will receive free medical care for yourself and your eligible dependents, at military treatment facilities, for as long as you and your eligible dependents live, and you accept. Is that a contract? • Yes it is, but beware. The US Court of Appeals for the Federal Circuit has said, in the WILLIAM O. SCHISM and ROBERT L. REINLIE v. the UNITED STATES case…

  28. The Courts conclusionhttp://mrgrg-ms.org/f99-1402.html#conclusion • “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”.

  29. The Congress has not complied with the Court's recommendation. • So, we have the military hierarchy making a promise… • and we have the greatest swindle of all time… a broken contract with America's military retirees. • In their 18 November 2002 ruling the court said that... • "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.” • The Congress claims that the United States of America can not afford to keep the medical care promises made by the military, and we have a stand-off. • The Congress will not comply with the Court's recommendation.

  30. Is this…The Government’s Answer to Healthcare for Retired Military Veterans?

  31. The end • It was all about money when the promise was made and it's all about money now. • It's the greatest swindle of all time… it's a broken contract with America's military retirees. • For more details and links to supporting data look at MRGRG-MS.ORG • For additional information e-mail fsears@bellsouth.net

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