Vipers Vietnam Veteran Message Board: Re: Vietnam vet jailed

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Re: Vietnam vet jailed

Posted by haiki on 2/25/2006, 12:38 pm, in reply to "Vietnam vet jailed"
172.139.17.144

--Previous Message--
: Thursday, February 23, 2006
: This is with regard to Veterans
: Administration disability compensation being
: awarded in divorce, as alimony, in violation
: of law. What follows is a perfect example of
: the injustice that is happening in utter
: defiance of Supreme Court rulings, Federal
: law, and the State of Michigan’s policies,
: set in state statutes, spelling out the
: non-assignability, or subject to
: garnishment, attachment.
:
: To have a complete understanding of the
: United States position on how Congress took
: explicit care to insure that the sums it has
: so carefully specified are preserved for the
: support of the disabled veteran, every
: veteran should read the only reference you
: will ever need, the Supreme Court ruling in
: Rose v. Rose., 1986. The web address for
: this........
: http://www.usdoj.gov/osg/briefs/1986/sg860452.txt
: .
:
: In Michigan, Calvin Murphy was sent to jail,
: just long enough to show what Michigan does
: to veteran’s that follow, and uphold the
: laws of the United States, in defense of
: veterans rights. This is not only the
: sentencing Chief judge in Michigan’s 19th
: Circuit Court, Judge Batzer, to justify, but
: the State of Michigan.
:
: MICHIGAN’S KOREAN VETERANS' MILITARY PAY
: FUND ACT OF 1955 (EXCERPT) Act 8 of 1955.
: 35.977 Korean veterans' military pay fund;
: creation; payment procedure;
: nonassignability of claims; rejection of
: claim; notice; appeal. Sec. 7. (1) Upon
: submission to the adjutant general of
: satisfactory proof that the applicant is
: entitled to payment under this act,
: ,,,,Provided, That no claim for payment
: under this act shall be assignable, or
: subject to garnishment, attachment, or levy
: of execution.
:
: MICHIGAN‘S VIETNAM VETERAN ERA BONUS
: ACT(excerpt) 370 of 1974. 38.1027. “Payment
: of claims; claim not assignable or subject
: to garnishment, attachment, or levy of
: execution; rejection of claim,, notice;
: appeals; certification of record; order
: allowing or denying claim; return of files
: and records; reapplication for benefits.”
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
MICHIGAN ARMY AND AIR NATIONAL GUARD
HANDBOOK FOR RETIREES
(INFORMATION AND BENEFITS UPON RETIREMENT) March 1, 2005
42
CHAPTER 12: UNIFORMED SERVICES FORMER SPOUSES’ PROTECTION ACT
12-4. General Information and Facts pertaining to the Act
a. Depending on the court order, disposable retired pay is defined as retired pay to which a
member is entitled less amounts:
· Owed to the United States for previous overpayments of retired pay and for forfeiture
required by law resulting from entitlement to retired pay.
· Deducted from the retired pay as a result of forfeitures of retired pay ordered by a
court martial or as a result of a waiver of retired pay required by law in order to
receive compensation under Title 5 or Title 38.
:
: You will find this same language under 38
: USC 5301, which Calvin mentioned to Judge Batzer
: just before he was led away in handcuffs.
:
: In compliance with Supreme Court rulings, a
: Michigan judgment in North v. North (2001)
: by Judge Donald Miller (Macomb County).
: Judgment was reversed Nov. 3, 2004.
: Ruling,.. that it was a blatant violation of
: veterans benefits Title 38 USC 5301. Judge
: Switalski refers to wording in Supreme Court
: ruling Mansel v. Mansel as the convincing
: basis for the reversal decision in the North
: v. North divorce case.
:
: In a news article in the Manistee News
: Advocate, Judge Batzer mentioned there where
: some differences between Rose v. Rose, and
: Calvin Murphy V. Karen Murphy. I wrote
: asking him asking, exactly what these
: differences are? Would you like to know? You
: can write to Chief Justice, Judge Betzer at
: 19th Circuit Court, 415 3rd St. Manistee,
: Michigan 49660.
:
: Or ask the Michigan Governor, “what’s going
: on?” Governor Jennifer M. Granholm, P.O. Box
: 30013, Lansing, Michigan 48909. Fax:
: 517-355-6863.
:
: Upon first learning of Calvin Murphy being
: handcuffed and sent to jail, veterans
: responded to Jere Beery’s “fire for effect”.
: Veteran’s responded, extra help had to be
: put on, and the fax machine in the sheriff’s
: office broke.
:
: Let's "Fire for effect"
:
:
:
: