Major George E. Day (right) and Captain James B.
Stockdale receiving the Medal of Honor from
President Gerald Ford in 1976.
Posted on 06/03/2003 4:29:31 AM PDT by gunnyg
Justices refuse to hear veterans' benefits case Jun 03, 2003 04:02 PDT
The Washington Times www.washingtontimes.com
Justices refuse to hear veterans' benefits case By Frank J. Murray Published June 3, 2003
   Â
The Supreme Court ended a legal battle by battalions of aging World War II and Korea retirees yesterday, leaving them without the lifetime free medical care recruiters promised them when they signed up. Â Â Â Â
Without comment on the merits, justices refused to consider overturning last year's decision against the veterans by the full Federal Circuit Court of Appeals, which was sympathetic and advised the veterans to seek help in Congress. Â Â Â Â
The military promised recruits who entered the service from 1941 through 1956 that those who served for 20 years would be eligible for free medical care in military hospitals the rest of their lives. But Congress never approved such benefits, and the Pentagon stopped providing the care in 1995. Â Â Â Â
Government attorneys told the high court that simply reimbursing past medical expenses for 1.5 million retirees would cost $15 billion. That would not include the cost of future care for the retirees. Â Â Â Â
Thousands of the veterans who were promised medical care die each week. The lead plaintiff in the case died March 30 at age 76. Â Â Â Â
Retired Air Force Lt. Col. William O. Schism had filed the Supreme Court appeal and was lead petitioner in the case, Schism v. the United States. Yesterday, the court granted the motion by his only child, Mary Jane Short, to substitute her name, then denied the plea to hear the dispute. Â Â Â Â
"It's a sad day for World War II-Korea era warriors who gave their all but have been rejected by their government," said George E. Day of Fort Walton Beach, Fla., attorney for the Schisms, retired Lt. Col. Robert Reinlie, and an unnamed generation of veterans in similar situations. Â Â Â Â
"After 20 years of care in military hospitals, my wife and I were kicked out and forced to rely on Medicare," Col. Reinlie, a veteran of the Army and Air Force, said yesterday. "This is not what I was promised when I pledged to serve my country for 20 years. I'm astonished that at the age of 82 years I must continue to fight for the medical care I earned." Â Â Â Â
Mr. Day — an Air Force retiree, Medal of Honor recipient and former fighter pilot who was imprisoned in Vietnam — said yesterday that he will turn to getting Congress to pay those bills. His efforts included cartoon billboards in the Washington area and a rally at the Capitol.    Â
"There already is a bill pending in the House and a bill in the Senate. I will be putting my focus on getting those passed into law," Mr. Day said from Salt Lake City in an interview in which the ever-optimistic veteran predicted passage against all odds. Â Â Â Â
"What that will accomplish will basically be to make health care free. What I would be looking for initially would be to first fix the matter of having to pay for free care, and secondly see if I can get some retroactive compensation out of Congress for these people who already have given so much," Mr. Day said. Â Â Â Â
The Federal Circuit Court in its Nov. 8 ruling last year expressed sympathy for the veterans' plight but said the judges "can do no more than hope Congress will make good on the promises made in good faith." Congress did take steps last year to absorb some health costs for older veterans but stopped short of the demands in Schism v. the United States. Â Â Â Â
The lawsuit was based on the military's promise to young recruits that medical benefits would be paid for those who stayed in the service for 20 years. Superiors authorized the promises, apparently unaware they were not backed by the legislation required to spend money. Â Â Â Â
Free health benefits were provided until the Pentagon halted coverage in 1995 for those older than 65 and eligible for Medicare, whose coverage is less complete than what the veterans were promised. Some bought supplemental insurance policies. Others paid out of their pockets. Â Â Â Â
Mr. Day pursued the lawsuit demanding that the military make good. Â Â Â Â
"It is not enough to hold parades or tie yellow ribbons," said a legal brief filed by the Military Officers Association of America in support of the appeal. "We must honor their commitment and sacrifice by assuring that the government honors its commitments to them." Â Â Â Â
In his Supreme Court brief, Mr. Day cited the war in Iraq as an example of the sacrifices made by veterans. Â Â Â Â
Troops in Iraq "are going for five days with no sleep, getting shot at, having to shoot at people. Â Â Â Â
"It gives people a realistic understanding of why you make those kinds of promises to make up for the low pay," he said. Â Â Â Â
In other actions yesterday, the high court: Â Â Â Â cÂ
Unanimously vacated a $1.6 million award that Twentieth Century Fox Film Corp. won from Dastar Corp. — which Fox accused of using its TV production of the "Crusade in Europe" series, 26 installments based on Army Gen. Dwight D. Eisenhower's World War II memoirs. The opinion written by Justice Antonin Scalia said federal law doesn't require credit in Dastar's "Campaigns in Europe" for edited material no longer under copyright from someone else's production. Justice Stephen G. Breyer recused himself.     cÂ
Voted 7-2 that usury lawsuits against national banks may only be brought in federal courts. That was a victory for Beneficial National Bank, which said claims by 26 Alabama consumers who said interest rates for income-tax-refund loans from Beneficial through H&R Block exceeded legal limits.     •
Turned away a plea from Delta Air Lines and Northwest Airlines, the nation's third- and fourth-largest passenger carriers, to bar passengers from joining together in an antitrust case seeking $1.5 billion for overcharging on some routes. The airlines say triple damages in such cases could cost them $4.4 billion. Â Â Â Â
Copyright © 2003 News World Communications, Inc. All rights reserved.
Semper Fidelis
Dick Gaines, GySgt USMC (Ret.)
1952-72
Supporting Mr. Day is the key to getting this situation resolved fairly for veterans.
Thanks for the post.
Rank and organization: Colonel (then Major), U.S. Air Force, Forward Air Controller Pilot of an F-100 aircraft. Place and date: North Vietnam, 26 August 1967. Entered service at: Sioux City, Iowa. Born: 24 February 1925, Sioux City, Iowa. Citation: On 26 August 1967, Col. Day was forced to eject from his aircraft over North Vietnam when it was hit by ground fire. His right arm was broken in 3 places, and his left knee was badly sprained. He was immediately captured by hostile forces and taken to a prison camp where he was interrogated and severely tortured. After causing the guards to relax their vigilance, Col. Day escaped into the jungle and began the trek toward South Vietnam. Despite injuries inflicted by fragments of a bomb or rocket, he continued southward surviving only on a few berries and uncooked frogs. He successfully evaded enemy patrols and reached the Ben Hai River, where he encountered U.S. artillery barrages. With the aid of a bamboo log float, Col. Day swam across the river and entered the demilitarized zone. Due to delirium, he lost his sense of direction and wandered aimlessly for several days. After several unsuccessful attempts to signal U.S. aircraft, he was ambushed and recaptured by the Viet Cong, sustaining gunshot wounds to his left hand and thigh. He was returned to the prison from which he had escaped and later was moved to Hanoi after giving his captors false information to questions put before him. Physically, Col. Day was totally debilitated and unable to perform even the simplest task for himself. Despite his many injuries, he continued to offer maximum resistance. His personal bravery in the face of deadly enemy pressure was significant in saving the lives of fellow aviators who were still flying against the enemy. Col. Day's conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty are in keeping with the highest traditions of the U.S. Air Force and reflect great credit upon himself and the U.S. Armed Forces.
Major George E. Day (right) and Captain James B.
Stockdale receiving the Medal of Honor from
President Gerald Ford in 1976.
As a citizen and patriot, it's nice to see the Court functioning as intended, interpreting rather than legislating, the law.
Time for Congress to 'fess up and do the right thing for these folks.
I'm always puzzled when I read something along these lines. Were the guys in WWII and Korea promised lifetime medical care? I believe the answer is they were told they'd be treated for service connected disabilities. That's what I was told on the way out of the Army in 1968. The only promise I received with my draft notice a couple of years earlier was a stretch in a Federal pen if I refused induction.
Here's a novel idea. Let's cancel the $15 billion we are wasting by sending it to Africa for AIDS research, and it will all even out.
They should stop calling it 'free medical care' and sue for 'benefits earned.' A promise is a contract. Sue for failure to perform. The government had knowledge that those promises were made in its name and its inaction to stop the military from using enticing recruiting practices amounted to tacit approval.
I, too, see this as "earned" benefits and not "free" benefits.
These idiots are so indoctrinated, they cannot get past their own bs/pc terminology
Semper Fidelis
Dickg
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