Iowa Legislature Introduces Bill to Enhance Protection of Veterans’ Disability Compensation in Divorce Courts

by Jere Beery

Jerry Bohr of Ossian, Iowa is Operation Firing For Effect Director of Operations for the state of Iowa. Bohr is also employed as a service officer for the Iowa State Department of Veterans Affairs. In addition, Jerry Bohr is a member of the 5301 Club, a grassroots group devoted to the protection of disability benefits from third party awards in civil courts. To say Jerry Bohr is well versed in veterans’ affairs is an understatement. 

Operation Firing For Effect is currently monitoring 38 individual cases nationwide in which veterans’ disability compensation has been misused as a divisible asset in a divorce settlement. Although United States Code, Title 38, prohibits such attachment of veterans’ benefits by any legal process whatsoever, many civil court judges routinely circumvent the wording and intent of this Federal statute by factoring in veteran’s disability compensation as spousal support, alimony, and child support awards.

In an effort to enhance the Federal statute and stop obvious abuses by civil courts, Jerry Bohr contacted a number of Iowa State Legislators (to include; Representatives Brian Quirk, John Beard, Mckinnley Bailey, and Senators Mary Jo Wilhelm and Daryl Beall) and explained the problem to them.

Bohr’s efforts paid off earlier this week when Representative John Quirk authored and introduced a Bill designed to stop this very questionable practice by civil court judges to the state legislature for a vote. Quirk’s Bill is modeled on legislation created to combat the very same problem by the West Virginia legislature early last year.

Below is the Bill currently awaiting a vote. 

House File 170 – Introduced

               A BILL FOR

An Act relating to the exclusion of veterans’ disability compensation in calculating property disposition and support obligations.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 252B.7A, Code 2009, is amended by adding the following new subsection:

NEW SUBSECTION. 1A. Disability compensation received by a party from the United States department of veterans’ affairs for service=related injuries shall not be considered income for the purposes of determining a parent’s income under this section.

Sec.2. Section 598.11, Code 2009, is amended by adding the following new subsection:

NEW SUBSECTION. 4. The court shall not consider disability compensation received by a party from the United States department of veterans’ affairs for service=related injuries in determining the amount of temporary support awarded under this section.

Sec.3. Section 598.13, Code 2009, is amended by adding the following new subsection:

NEW SUBSECTION. 3. Disability compensation received by a party from the United States department of veterans’ affairs for service=related injuries shall not be considered income or property for the purposes of disclosing the financial status of such party.

Sec.4. Section 598.21, Code 2009, is amended by adding the following new subsection:

NEW SUBSECTION. 6A. VETERANS’ DISABILITY COMPENSATION. Disability compensation received by a party from the United States department of veterans’ affairs for Service=related injuries shall not be considered property for the purposes of this section.

Sec.5. Section 598.21A, Code 2009, is amended by adding the following new subsection:

NEW SUBSECTION. 3. VETERANS’ DISABILITY COMPENSATION. Disability compensation received by a party from the United States department of veterans’ affairs for service=related injuries shall not be considered income for the purposes of this section.

Sec.6. Section 598.21B, subsection 2, paragraph b, Code 2009, is amended by adding the following new subparagraph:

NEW SUBPARAGRAPH.(4)  For purposes of calculating a support obligation under this section, disability compensation received by a party from the United States department of veterans’ affairs for service=related injuries shall not be considered income.

Sec.7. Section 598.21C, Code 2009, is amended by adding the following new subsection:

NEW SUBSECTION. 1A. VETERANS’ DISABILITY COMPENSATION. Changes in the amount of disability compensation received by a party from the United States department of veterans’ affairs for service=related injuries shall not be considered a substantial change in circumstances for the purposes of this section.

EXPLANATION

This bill excludes from the calculation of property disposition and support obligations under dissolution of marriage and child support determinations, disability compensation received by a party from the United States department of veterans’ affairs for service=related injuries. United States department of veterans’ affairs disability compensation, in general, is a benefit paid to a veteran due to injuries or diseases that were incurred in or aggravated by military service.

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For more information on this issue, visit; http://jerebeery.com/5301%20Club.htm

Jere Beery
OFFE National Public Relations Director
jerebeery@aol.com
(315)333-5557

Jere Beery

Although Jere Beery only served 4 years in the U.S. Navy, he has an impressive military history. Twenty-seven months of that service was in the combat waters of Vietnam. His first duty station in 1965 was aboard the USS WESTCHESTER COUNTY, (LST-1167) as a Seaman. The WESTCHESTER COUNTY was involved in many operations within the combat waters of South Vietnam and received many awards and accolades for her service. The WESTCHESTER COUNTY was the recipient of 15 Battle Stars for her 19 years of service. LST-1167 was one of only 3 ships of her type to earn 15 Battle Stars (out of over 1200 LSTs built since before WWII).

Beery’s second duty station in 1967 was with the legendary PBRs of the Brown Water Navy. As a volunteer, Beery saw combat on a fairly routine basis with this elite group and their high-speed patrol craft. On March 1, 1968, Beery’s patrol was ambushed by a sizeable force of NVA and Viet Cong. The boat Beery was aboard took two direct RPG hits to her starboard side badly wounding four members of the boat’s crew. Seaman Beery was the most severely wounded and not expected to live. The first RPG had exploded right where Beery was standing as he manned his 50 caliber machine gun. To this day, Beery contributes his survival to the life-saving actions of his patrol officer, LT. RICHARD GODBEHERE and his other crew members. Beery spent the next year and a half hospitalized and recovering from his wounds. THE GODBEHERE PATROL

On November 1, 1968, while Jere Beery was recuperating at NAS Hospital, Jacksonville, Florida, USS WESTCHESTER COUNTY was attacked on the My Tho river. At 03:22 in the morning two very large mines were detonated on the ship’s starboard side. 25 men were killed, 17 were the ship’s crew. Several of the men killed that morning were friends and former shipmates of Beery’s. This incident has gone down in history as the greatest loss of life by the U.S. Navy in a single attack during the entire Vietnam War. USS WESTCHESTER COUNTY

In mid-1969, Jere Beery was medically retired from the Navy. His service record reflects 1 Bronze Star, 3 Purple Hearts, and 5 military campaigns in Vietnam. Beery was also rated totally and permanently disabled by the Veterans Administration.

Over the years since Vietnam, Jere Beery has attempted to do some things many thought impossible for someone with physical injuries such as his. During the early 80s, Jere Beery, as a member of the Screen Actors Guild pursued a brief career in the motion picture business as an actor. Beery landed a few small parts in a number of movies and television programs. On several occasions, to the amazement of many, Beery even executed his own stunts.

In 1986, Jere Beery gave up his career in the movies to crusade for his fellow veterans. Since that time, veteran’s rights advocate Jere Beery has been a noted driving force in the Veteran’s Rights Movement and effort to improve services for our veterans. Beery’s efforts have been extremely well documented and many articles have been written about his quest. A few of these articles can be found on this page. You can also type the words “Jere Beery” into any search engine to find out more about Beery’s efforts. www.google.com

Jere Beery’s multifaceted story is truly an amazing one. From his survival in Vietnam to risking additional injury executing stunts in the motion pictures, to fighting to protect the benefits earned by our troops, Jere Beery has forged his own trail and continues to amaze and baffle many.

– Place and Date of Birth: Orlando, Fl – 03/13/48
– Raised: St. Augustine, Fl
– Place & Date Enlistment: Jacksonville, Fl – 05/20/65
– Branch of Service: U.S. Navy
– Highest Rate/Rank: E4/PO3/Signalman Third Class
– Duty Stations: USS WESTCHESTER COUNTY, LST-1167 and TF116, River Patrol Force, River Section – 511, (PBRs), Binh Thuy, RSVN
– Date of Discharge: 5/14/69
– Type of Discharge: Honorable, Medically Retired
– VA Rating: 100% Totally and Permanently Disabled

Military Awards and Medals:
– 1 Bronze Star – w/combat “V” Citation
– 3 Purple Hearts – (1/5/68, 2/14/68, 3/1/68)
– Vietnam Service Medal – w/1 Silver Star – (5 military campaigns in-country, RSVN)
– Republic Of Vietnam Campaign Medal – w/1960 device
– Combat Action Ribbon
– Meritorious Unit Commendation Ribbon
– Presidential Unit Commendation Ribbon
– National Defense Medal
– Republic of Vietnam Meritorious Unit Citation – Gallantry Cross Medal Color, w/Palm
– Republic Of Vietnam Meritorious Unit Citation – Civil Actions Medal, First Class Color, w/Palm

Military Training:
– River Patrol Craft Training, (PBR), Mare Island, CA
– Special Weapons Training, Mare Island, CA
– J.E.S.T. (Jungle Environmental Survivor Training) – Cubi Point, Philippines
– S.E.R.E. (Survival, Evasion, Resistance, Escape Training) – Whidbey Island, Washington State
– Vietnamese Language – Mare Island, CA.