8 The simple fact is: the Feres doctrine saves the Government some money, but it is money saved at the expense of our servicemen and women who have been injured or killed as a result of acts or omissions of the federal government. We spend billions of dollars on military machinery and equipment; we should not be so parsimonious when it comes to providing proper redress to the most important resource of our military - the men and women who serve our country. I have been a member of the Pennsylvania Bar since1954 and served as an Assistant District Attorney and First Assistant District Attorney in the Philadelphia District Attorney's Office from 1958 to 1974. I also had the privilege of serving as Chief Counsel and Director of the House of Representatives' Select Committee on Assassinations Investigating the Murders of President John F. Kennedy and Dr. Martin Luther King, Jr. I also served in the submarine service during World War Two. I have a client, Richard Bassett, a former active duty Coast Guardsman who is now disabled because of medical malpractice committed by civilian doctors at a Veterans Administration Hospital in Philadelphia. Although his injuries are not as severe as many of those I spoke to you about, he too is barred from asserting a claim for his injuries because of the Feres doctrine. On looking into this doctrine and the various rationales put forth to justify it, I became convinced that a grave disservice is being done to our uniformed personnel. Although I believe that no one would argue with the rationale for exempting from the FTCA claims arising from combat operations during time of war, there is simply no rational justification for denying recovery to the victims and families of those uniformed personnel who are injured or killed simply because of their active duty status. I urge this Committee to heed the pleas of Justices Scalia, Brennan, Marshall, and Stevens, Chief Judge Becker and all those commentators who have criticized Feres, and do what is right by the servicemen and women of our country injured or killed as the results of acts or omissions of our Government. Subj: PLEASE EXPEDITE: Re: Request to Attend Feres Doctrine hearing Date: Thu, 3 Oct 2002 12:36:53 PM Eastern Daylight Time From: OVERPAPhila To: Cc: senator leahy@leahy.senate.gov mohbstrmc@i-55.com, barberag@hotmail.com, DR PSUEKK, Vietna467, OVERPAWA, OSTAR2012, D CAT 229, OVERPAPhila My name is Jeffrey A. Trueman and I am the founder of "VERPA" - Veterans Equal Rights Protection Advocacy, Inc. Please see www.verpa.net for more information about who we are, why we formed, and what we seek as veterans and families from across the nation arising from our bona fide claims of injury and injustice denied redress under the Feres Doctrine. Briefly, we formed on December 12, 1999, to begin a grassroots movement of veterans and our loved ones to seek reforms or repeal of the "Feres Doctrine." We can produce bona fide evidence and citizens whose rights to equal protection under our Constitution has been denied due to the Feres Doctrine. In the process of learning about the Feres Doctrine, I have achieved the following goals: (1), authored the book, "Beyond the Scope of Justice: The Chilling Effects of the Feres Doctrine in the United States Armed Forces" after a failed challenge at the United States Supreme Court, (2) Appeared at the Cox Commission's hearings on the 50th Anniversary of the Uniform Code of Military Justice (UCMJ), noting; the commission forwarded to Congress and the Department of Defense VERPA's argument that the "Feres Doctrine" is of major concern to many veterans and loved ones, (3), My military record was used and investigated by ABC's 20/20 in their piece, "An Abuse of Power", (4), Keynote speaker at the July 16, 2002, "Atomic Veterans Annual Conference". In addition, I have spoken at several veterans functions and stand by our claim that the "Feres Doctrine" allows for command, legal and medical abuses to go unchecked and denies enforcement of the Inspectors General and Military Whistleblower Protection Act. Both federal laws designed to prevent the many injustices we formed to address. Here is the excerpt from the Cox Commission's report: The following excerpt from the Commission's report to the Department of Defense and United States Congress is as follows: "C. Feres Doctrine. The Commission was not chartered with the idea that our study would include matters such as the Feres Doctrine. However, given that it was articulated the same year that the UCMJ was adopted, and that many former servicemembers have been frustrated by its constraints on their ability to pursue apparently legitimate claims against the armed forces, many of which bear little if any relation to the performance of military duties or obedience to orders on their merits, the Commission belleves that a study of this doctrine is warranted. An examination of the claims that have been barred by the doctrine, and a comparison of servicemembers' rights to those of other citizens, could reform military legal doctrine in light of present day realities and modern tort practice, Revisiting the Feres Doctrine would also signal to servicemembers that the United States government is committed to promoting fairness and justice in resolving military personnel matters." I just received an email notification that your Judiciary committee will be in full session with regard to the Feres Doctrine. Our organization does not advocate nor do we attempt to disrupt good order and discipline in the armed forces. Hence, we are not challenging the "incident to service" bar on injury or injustice arising incident to combat or national emergency. We also, do not advocate lawsuits arising from negligence which we feel is "dereliction of duty" and can and should be addressed under the provisions of the UCMJ. What we do advocate and argue is that the Feres Doctrine allows Intentional and deliberate violations of American citizens human rights in violation of the Nuremberg Code and constitutional issues with regard to protection of our liberty and property interests arising from the wrongful acts or omissions of federal employees barred under the Feres Doctrine. Having stated the above, it is hereby respectfully requested, that I be afforded the opportunity if at all possible to sit in and listen to the discussions with regard to your committee's addressing this unfair judicial body of law. If authorization can be granted for me to attend, I am sure, all our supporters will be truly appreciative of this show of good faith will go a long way for our goal of Instituting true reforms in the DOD and VA for the good of future Americans who will serve erbe called upon to serve our nation in the U.S. military. Very inly yours and thank you! Jeffrey Apeman (610) 389-8180 cc: VERPA Board of Directors Web site: www.verpa.net * E-Mail: VERPAPhila@aol.com or barbcrag@aol.com On October 8, 2002, the Senate Judiciary Committee hearings on the "Feres Doctrine" was held, We wish to thank you for holding these hearings and for allowing us the opportunity to be heard Very truly yours, Barbora Craynott Barbara Cragnotti VERPA Legislative Coordinator Enclosures cc: VERPA Board Members, et al. CC: President George W. Bush |