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V’ERPA/FERES
DOCTRINE CASE STUDY OVERVIEW PLEASE NOTE: Supporting Evidence for V'ERPA Case Studies
are incorporated at the bottom of this page. We reasonably
believe our cases studies provide coverage for the initial victims of the doctrine’s chilling effects on human and constitutional
rights with our Radiation Veterans and loved ones who’s injustices give rise as far back as the adoption of the doctrine
by the U.S. Supreme Court on December 4, 1950 thru the present-and our final case study of Lieutenant Colonel Elton Johnson-who’s
case screams for criminal investigation of the Department of Defense Inspector General (DoDIG) by the United States Attorney
General (USAG) and the U.S. Congress. ********** V’ERPA Case Study (VCS) Updates By Jeffrey
A. Trueman
In light of the Cox II commission's failure to address the Feres doctrine, our journey
has ended. However, here are some of the cases and work performed over the past decade: Jones-Related Matter (JRM)
/ 2001 to 2003 In or about September 2001, we kicked off our first “VCS”
in the JRM cited as Jones v. U.S. Army
PEB et al, and a case of wanton attempt by the Army to discharge our member, a
Gulf War I Vet at his 19 ½ year juncture of his career. In all, V’ERPA’s efforts in fighting for this soldier at the Army’s “PEB” process
at Walter Reed in 2000, resulted in SSgt Jones being retired with 20-years of honorable service. Further,
Robert was granted under the “FDM”—the virtually unheard of 220% total and permanent retirement disability
rating by the "VA," in less than 3 months from the date of retirement. Worth noting for historical purposes, during my personal appearance at the PEB—the following facts and circumstances
occurred. I arrived from the Philly area to D.C. around 8:00 am on the date of the Board. At
8:30 am, a colonel asked me where is your “client” and I responded, he is a “member.” Nonetheless, I contacted Robert’s pro bono attorney
in NC., and asked him where they were. I obtained the proclamation that they were “not served”
the proper notice for hearing and asked to obtain a three—month extension. After questioning the
colonel and requesting to see the services papers—he beat around the bush and stated “the secretary has them,
but she is not in . . . “ and I called him out on it and said to the words of this effect “Colonel, please
don’t pull-my chain . . . “ and after he departed to speak to the Board for a few minutes, I was called in
for an “off-the-record” discussion with them. In sum, I proceeded before the Board and introduced myself and was immediately challenged by a civilian doctor
and former Vietnam Vet who stated “I don’t know who you think you are, but if you are going to come here and
try to change the way we do business, you better have some pretty heavy hitters on your side.” I
replied, well, I think I do, but, I am here to ensure SSGT Jones is provided constitutional due process only.
I then stated the brief facts of the case and pointed out that the one-inch file on the table for Robert—was
about an “18-wheel tracker-trailer” short of evidence” [to make my point]. I
stated—“this solider deathly ill and I am wondering what side are you people on?” In short, Robert was granted
the extension that put him over “20-years” for retirement and the civilian-doctor stated to me—“have
a safe trip back to Philly” in a threatening type way to say the least. Not long after that—I
received a visit by the U.S. Secret Service (USSC) and was questioned about “What is your cause . . .”
to say the least and not long after that—the persecution to chill and neutralize V’ERPA began as high documented
in the U.S. federal court record.
Lindsey-Related Matter (LRM) / 26 Feb 2008 to Present
Cited as Lindsey
v. AFRC et al., SrA Kevin Lindsey as with SSgt Wise was denied lawful benefits by General John Bradley, et al. (Air
Force Reserve Command (AFRC) and others – and a case of gross negligence and denial of lawful entitlements to medical
hold orders in violation of federal law. Going into the Air Force “FPEB” this member was only being granted
10% and severance pay with life-long service connected injuries. Upon our representation and appearance on his behalf, our
member was granted full retirement and lifetime medical benefits and pay. The difference—$17,000.00
and a good-bye at 10% to 12,000+ per year for the rest of his life-and entitlement to access any military installation in
the world to say the least. In light of apparent adverse reaction by the AFBCMR to our assistance in the
Wise and Hirner cases—we urged Kevin to seek legal representation to advance substantial justice at this time.
In sum, we obtained permanent
retirement for Kevin in July 2009, via SecAF and he is being processed by the “VA” and just recently (May 09),
he was hired as a civilian at Robins AFB, GA.
Trombley Related Matter (RRM) / 8 May 08 to Present
Cited
as SSgt Daniella Trombley v. U.S. Air Force “MEB”; this case is another gross negligent denial of lawful entitlements to expeditious medical treatment under
the “FDM/AF-DES” in addition to harassment and intimidation resulting in the drafting of an “IG Act”
grievance. Unfortunately, due to Daniella’s extreme pain and stress, she was hesitant to proceed with the IG grievance—in
light of the fact that all other V’ERPA-IG matters were arbitrarily denied redress. Nonetheless,
when we proceeded to the “AF-FPEB” this member was only being offered a 10% disability rating and severance
pay with life-long service connected injuries; if not properly documented and compensated prior to discharge.
Upon our representation and appearance on her behalf, our member was granted 40% “TDRL” for the
case to develop further and retirement pay at 50% of her basis
pay beginning on July 8, 2008. Again, the difference—as with SSgt Wise and SrA Lindsey is $17,000.00 and a good-bye, has now
been turned into a lifetime disability pension package from all indications under the “FDM.” We are continuing to assist Daniella with her “VA” and SSA benefits for which is moving slower than we hoped – but,
we will stand with her throughout the process for the good of her son, Dallas and herself.
Colonel
Johnson Related Matter (CJRM) / March 28, 2008 to Present
Cited
as Johnson v. DoDIG, Special Agent Trost, et al., this V'ERPA Act/“FDM”
case study in assisting Lieutenant Colonel Johnson arises out of the “Green Zone” in Iraq and this fact
screams injustice in of itself! The best way to sum up the “FDM” and “incident
to service” injustices in the matter of LTC Johnson is via his own words surrounding the criminal falsification
of his military records by DoDIG official Special Agent Trost and condoning of said injustices by DoD high officials:“It still burns me up whenever I read
through [my] packet and the bad part is that I cannot do anything about this guy because of the Feres Doctrine. As you can
see, thanks to the Feres Doctrine, unethical federal investigators can do just about anything they want and get away with
it scott free.
| In Memory Of Admiral Boorda |
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| "A Sailors' Sailor" |
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| In Memory Of Raymond "Mike" Clausen |
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| Congressional Medal Of Honor - Former V'ERPA Member |
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