DoD Lies About Retirement Plan to New Recruits?

Military personnel of the all-volunteer force are being lied to about a retirement plan that is not protected nor guaranteed from attack by the civilian courts.

Officers and enlisted alike are being DELIBERATLY mislead by the U.S. Government’s lawmakers and the Department of Defense in order to put warm feet in cold boots.

Currently, this law, Title 10 US Code, Section 1408, is unfairly penalizing over 200,000 U.S. military service members and the numbers of these victims grow each day……

This law is the Uniformed Services Former Spouse Protection Act (USFSPA) and it affects more than 50% of Military Marriages that end in divorce.

The Secretary of Defense, Donald H. Rumsfeld, oversees this law pursuant to authority granted by statue.

The Defense Finance and Accounting Services (DFAS) is an instrumentality of the United States Department of Defense that provides essential accounting and administrative services to enforce and implement the law’s provisions.

Donald Rumsfeld has instructed his Department of Defense (DOD) attorneys to use frivolous dumbfounded legal technicalities to disqualify all military veterans from even challenging this ill conceived law in federal court, in their efforts to repeal it.

Donald Rumsfeld and his DOD lawyers, along with our elected lawmakers have disenfranchised themselves from their very own military personnel.

The increasing reluctance of service members to extend on active duty and the Armed Forces Recruiters unable to find enough applicants, is increasingly being reflected in the shrinking “all volunteer” force numbers.

We the veterans, who are required to serve in the military for 20 years and risk our lives in order to earn our benefits, are required to give our money to our former spouses who’s only requirement is to only be married to a military service person for one day to receive USFSPA payments for life, are angered and feel betrayed.

We the veterans, who must live the rest of our lives according to the laws of the UCMJ, in order to continue receiving what is left after the USFSPA retainer pay division are forced to divide what we were contractually guaranteed by the U.S. Government to our former spouses, who are not required to live according to any standards to be eligible for or to continue to receive our promised benefits.

The scales are not balanced and the justice system is promoting injustice. The USFSPA law actually encourages and enables immoral activity.  

Think about it

Why should you or anyone want to enlist or reenlist in the Armed Forces of the United States knowing that earned benefits will be stripped away, for life?

As this ill conceived law becomes known by more active duty, retired, prospective military applicants and the civilian population, recruiting and retention goals will continue to drop.

The Department of Defense, U.S. Military Entrance Processing Commands (MEPS) are located throughout the United States.
This is where Military Recruiters bring their applicants to receive the ASVAB test, physical, occupational job assignment, and then processed to ship out to basic training.  The MEPS motto is “FREEDOM’S FRONT DOOR.  What happens after you serve your country in the Armed Forces protecting your country? Our elected lawmakers SHUT FREEDOM’S FRONT DOOR on you.

Then, they boot you out the USFSPA’S BACK DOOR. This door has smacked many of veterans, on their way out.

Divorced?  Most attorneys and judges in your state do not have a clue or are unwilling to assist you to ensure the courts are properly following correct U.S. Codes and DOD procedures in administration of U.S. Code, Title 10, Section 1408(USFSPA), and U.S. Code, Title 38, Section 5301 Nonassignability and exempt status of VA disability benefits, concerning your rights to retainer pay/disability pay?

It is automatic that a state judge will award up to 50% of your retainer/retirement pay to an ex-spouse upon divorce until either one of you dies.

Divorced retired service members of the all-volunteer force wonder why they should return to active duty, if recalled, because the USFSPA has taken away the very same pay that is used for the purpose of being recalled to active duty?

Under the USFSPA, career minded service members are no longer guaranteed promised retainer/retirement pay upon completion of 20 or more years of active service.

Lawmakers no longer appreciate your career as an all-volunteer service member. Because of this, all taxpayers will now pay for this lack of appreciation by the lawmakers by paying more tax dollars towards congressional non-career minded incentives and bonuses in an attempt to maintain the active duty force without the skills of the career minded individuals who are now departing military service to pursue a civilian career.

Before you make that decision to stay in the military or sign the dotted line!  Help to repeal this ill conceived law!

A lawsuit has been filed in Federal Court. Learn about it and how you can support the repeal of the USFSPA by going to www.usfspa-lawsuit.info.

A small investment either through a contribution or allotment will help defray the legal costs of this lawsuit.

Failure to get involved now is a direct THREAT to your future military retainer/retirement pay.

Do not delay, act now! It’s your future and it’s your retainer/retirement pay that is in jeopardy!

MSgt James T. North is U.S. Marines, Retained, Fleet Marine Corps Reserve, Category II, Deployable and promotes www.usfspa-lawsuit.info.  You can read more details at See more details: http://www.usfspa-lawsuit.info/ActiveDutyAlert.htm  

MSgt North can be reached by email at [email protected]     

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