Via Operation Firing for Effect:
Veterans and supporters, show your support to Jerry Bohr by faxing this to:
To the Attention: Chief Judge The Honorable Judge Thomas Bower
With your name and state that you are from, and phone number
Subject: Jerry Bohr
Case number: CDDM002086
To the Attention: Chief Judge
The Honorable Judge Thomas Bower
316 East 5th Street
Waterloo, Iowa 50704
Fax: 319 833-3270
For Immediate Release 77
August 19, 2010
Iowa State Veteran’s Service Officer to be Jailed
Jerry Bohr of Ossian Iowa is facing the dilemma of his life. Bohr has been ordered to report to jail on September 4th to begin serving a 30 day sentence for contempt of court. The sentence was handed down 2 weeks ago by Judge Richard D. Stochl, 1st Judicial District Court of Iowa, for noncompliance of a previous child support order. It is this previous order which has led to Bohr’s incarceration. Jerry Bohr refused to comply with his divorce settlement agreement which wrongly calculated his VA disability compensation into his divorce as ‘income’ and therefore a ‘divisible asset’. Bohr was found in contempt of court for not honoring the attachment of his veteran’s benefits to his divorce settlement, now Jerry Bohr is on his way to jail. According to Federal Code this practice by state court judges is a violation of the Federal laws which protect veteran’s benefits from the claim of creditors, from attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
[Video Note: This KWQC TV6 (April 2009) News broadcast features Jerry Bohr and members of Operation Firing For Effect, the Veteran’s Advocacy Group. This video provides a thumbnail sketch of the OFFE organization and the 5301 issue in Iowa.
http://www.you3tube.com/watch?v=GJZS96P6dH8 ]
If anyone should know something about the laws which govern the benefits earned by our men and women in uniform, it is those individuals who see and service our veterans on an every day basis. Jerry Bohr is a State of Iowa Veteran’s Service Officer with an office in Winneshiek County and many years of experience dealing with the needs of Iowa veterans. Bohr is very well versed in the laws and regulations contained within USC, Title 38, which is the Federal Code that regulates and protects the benefits and entitlements earned by our men and women in uniform after they are discharged from the military. Jerry Bohr is also an Honorably Discharged disabled U.S. Army veteran with a service connected VA disability rating. Between his VA disability compensation and his job with the state, Bohr has no other assets.
The disagreement between Judge Stochl and Jerry Bohr centers around USC, Title 38, 5301, which clearly states that veteran’s disability compensation is protected from attachment under any circumstances, and by/under any legal or equitable process whatsoever.
Unable to acquire an attorney willing to go up against the judge, Jerry Bohr was forced to represent himself in court. Although Bohr was well prepared and presented his case in a respectable manner, none of that would matter; the judge was not going to reverse him self. Bohr was ordered to serve 30 days in jail with work release, and then to add insult to injury, Judge Stochl ordered Bohr to pay all of his ex-spouse’s attorney’s fees. If Bohr doesn’t pay the court ordered support by the 30 days, he will be sentenced to another 30 days, or more, until he pays the court ordered support. According to Judge Stochl the federal law carries no weight in his courtroom and Jerry Bohr was merely attempting to hide behind a very old outdated federal law.
According to Operation Firing For Effect (OFFE), National Chairman, Gene Simes the judge got part of it right, 5301 is a very old law – which dates back to the founding of our nation. Unfortunately, civil courts across this nation are choosing to totally ignore our Forefather’s pledge to our combat disabled Patriots by finding slick and clever ways to distort and desecrate a Nation’s promise to her military forces. If indeed Federal law takes precedence over State law, then a majority of civil courts across the U.S.A. are in direct violation of federal code by forcing a disabled veteran to use his/her tax-free VA disability compensation as income to pay alimony, spousal support, child support, or to pay third party attorney fees, or face jail.
Jerry Bohr has never refused to pay child support. However, Bohr has states he will only pay the court order if the amount of support is calculated without the inclusion of his veteran’s benefits as income. Jerry Bohr is not a deadbeat father. Bohr shares custody of the Bohr’s two minor children and he sees his kids every other weekend at his expense. Jerry Bohr is very involved in the raising of his kids. He is an active parent and responsible father. Now, thanks to Judge Stochl, who has no respect for federal law, two weekends a month Jerry Bohr’s kids will not see their daddy because he is in jail. One can’t help but wonder what the kids on the school grounds will say?
Jerry Bohr is a valued member of OFFE and we will do everything in our power to get Jerry’s story out to the public. OFFE will be monitoring Jerry’s incarceration and case very closely. In fact, OFFE is following over 100 cases nationwide where disabled veterans have been unjustly stripped of their veteran’s benefits by civil courts judges. Jerry Bohr is the latest disabled veteran to be jailed over this issue. Jerry will be the 6thOFFE member to be jailed over this issue. Joseph Dziubak of Minnesota is facing a return to jail as well. Disabled veteran Charles Williams from San Antonio Texas was released from jail last week after paying the court order.
[Video Note: KAAL, TV6, (May 25, 2010), Albert Lea, Minnesota, Disabled Veteran Joseph Dziubak Goes to Jail. http://www.youtube.com/watch?v=5QUqoJfyATg ]
‘AREA 5301’ is a web page created by Operation Firing For Effect devoted exclusively to the 5301 issue. Operation Firing For Effect is currently the only national organization addressing this issue. http://jerebeery.com/AREA%205301.htm
[Video Note: This WIBW TV13 (August 2010) News broadcast is the latest coverage of this issue. http://www.youtube.com/watch?v=IyANu07a0u4]
Jere Beery
OFFE Asst. National Chairman
[email protected]
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