We will reserve further comments on this matter at a later date. However, we are compelled to
introduce the following at this time for all Members of Congress to ponder;

"The driving force behind an American Soldier"

It's the soldier, not the reporter, who has given us freedom of the press.

It's the soldier, not the poet, who has given us the freedom of speech.

It's the soldier, not the campus organizer, who has given us the freedom to demonstrate.

It's the soldier, not the lawyer, who has given us the right to a fair trial.

It's the soldier who salutes the flag. serves under the flag, and who's coffin is draped by the flag,
who gives the protester the right to burn the flag.

By: Father Dennis Edward O'Brien, USMC

IV. OVERVIEW OF PROPOSED REFORMS

The following are proposed reforms to ensure ALL Americans serving in our armed forces, are
afforded "equal justice and protection" of the U.S. Constitution.

We again, reserve the right to further our comments and will provided specific detailed ways to
incorporate these recommendation to ensure, honor, integrity and accountability in both the DOD
and VA for the good of future generations serving our nation:

a. Consolidation of Military Administrative Discharge and Board for the Correction of Military
Records (BCMR);

b. Consolidation of 1G'S/Supervision by with DOJ oversight;

c, Establishment of a private cause of action under provisions of Military Whistleblower
Protection Act (to be renamed, "Military Fidelity Protection Act) with consolidated jurisdiction at
the United States Court of Federal Claims (USCFC).

Upon establishment of a national funded Feres Doctrine Commission, as we will continue to
advocate and gain the support of the general public, the above suggested reforms issues will be
fully detailed and submitted to Congress. Or in the interim, VERPA will lay out in full detail,
these suggested reform matters in our "FDCA" proposed legislation.

p.18

In conclusion, VERPA, our families and supporters understand the 52 year "FD" injustice will
not be an overnight fix. However, what we do expect from the United States Congress is an
answer to the question in the interim: "Do American Citizens serving our nation in the armed
forces, possess Constitutional rights?" We believe, 535 yes or no answers should be provided
VERPA expeditiously to our legislative coordinator, Ms. Barbara Cragnotti.

VERPA hereby asserts the DOJ and DOD'S position that any reform of the "FD" will result in
disruption to good order and discipline. We disagree wholeheartedly. It would seem to us, that
good order and discipline in the armed forces would be strengthen if the federal laws on the
books such as the UCMJ and other statutes to address fraud, waste, abuses were enforced.
Namely, the Inspectors General Act and Military Whistleblower Protection Act. It is of our
opinion, the "FD" obstructs such enforcement of these federal laws and thus, the "FT" should be
abolished.

If the United States Congress who under the constitution is the overseers of the armed forces, fail
to protect the rights of military personnel arising from intentional, deliberate wrongful acts or
omissions, who will defend our nation in time of war or national crisis when the "FD" subject
matter reaches the entire American public?

The laws governing the conduct of military and civilian personnel in high positions of power in
our armed forces must be equally administered and fairness and justice must always prevail, over
the wants or wishes of individuals who betray their constitutional oaths.

For many American veterans and loved ones, to include our children, the "FD" has so deeply and
negatively impacted their lives. The "FD" has set forth a separate and unequal system of justice
in America for the very veterans and families who sacrifice the most for our freedom.
The "FD" with the exception of injury or injustice arising out of or in the course of combat or
national emergency MUST be ABOLISHED.

VERPA hereby respectfully requests the United States Congress to establish a national civilian
funded commission to begin the long overdue process to ensure American citizens serving our
nation in the United States Armed Forces are afforded "equal protection" of the United States
Constitution arising from the "intentional, deliberate, or gross-negligent" acts of federal
employees under the provisions of the FTCA. Let us not forget the words of General
Washington, for which, many of the victims of the "FD" now have children who are of age or
nearing the age, wherein, they might be called upon to serve our nation, specifically, in light of
the recent military draft legislation introduced on December 20, 2001:

"The willingness with which our young people are likely to serve in any way, no matter how
justified, shall be directly proportional to how they perceive veterans of earlier wars were treated
and appreciated by our nation."

For countless families in this nation, the "chilling effects" of the Feres Doctrine is all too real.
The time is now to correct this unjust body of law within the United States Congress. To make a

showing that our Congress is truly ready to address the "FD" matter, we would hope the cases
cited in this statement receive immediate attention for the good of all American Citizens past,
present and future who will serve our great Nation.

These cases are supported by all our supporters in the nation and can be the "case studies" to
being the call for a national Feres Doctrine Commission to bring an end to this 52 year
unconstitutional and un-American law!

The Feres Doctrine is sovereign immunity and sovereign immunity is a dangerous creature in a
free society. We believe, our Chairman, Meho Hukarevic, Sr., and decorated combat Vietnam
soldier who sums up sovereign immunity and its wrongful place in our Nation:

"Sovereign immunity should be abolished, every body should be held accountable, and zero
tolerance should be installed within the political infrastructure.”

Example: Private Slovak was exocuted for being a conscience objector, while Jane Fonda was
given sovereign immunity due to her monetary contributions. She should be put back as an
example for what she did with the enemy, and be prosecuted for being a collaborator and traitor
to the people of the America. If this is an example of sovereign immunity, our children have a
real problem in serving and protecting our country, with restrictions imposed on them (that they
don't know about). We the veterans and families who have paid a dear price due to sovereign
immunity, will do whatever possible to stop any pending draft legislation until the "FD" is
abolished so that when our children, their children return home from war injured, either
physically or mentally, they will not have to fight the second war in a system, the DOJ might
consider "generous" but for the 17 million present American veterans in the system, it is abusive,
insulting and purely sub-substandard. Noting, again, there are wonderful people in the VHA who
care, it is the ones in control in Washington DC who need to be held accountable.

As eloquently stated: "This planet carth is far to small for anything less than love and way to little
for anything of hate."

Meho Hukarevic, Sr., '67 - '69, 100% Disabled

173rd Airborne Brigade, reactivated 2000, Vincencia, Italy; Kosovo; Afghanistan; S.E.T.A.F.;
Southern Huropean Task Armed Forces

In closing. VERPA, Our Board of Directors and Supporters hereby assert, we stand ready to
testify under oath to our claims of human and constitutional rights abuses as set forth in this
statement for the record. What we are, are Americans and never should the wrongful acts or
omissions of federal employees destroy another without being afforded the "right to be heard."
The "FD" denies us this right and it must be abolished.

We will anticipate an official response from the Senate Judiciary Committee regarding this

matter.

Respectfully submitted,

VERPA Board of Directors

STATEMENT OF

REAR ADMIRAL CHRISTOPHER E. WEAVER, U.S. NAVY

COMMANDANT, NAVAL DISTRICT WASHINGTON

SENATE JUDICIARY COMMITTEE

8 OCTOBER 2002

My name is Rear Admiral Chris Weaver. I am the Commandant, Naval District

Washington, and the Regional Commander for the Navy's National Capital Region. I have been a Naval Officer for 31 years and have participated in combat operations in Vietnam, as well as preparations up to the commencement of operations during the Gulf War. I have served in six ships and have commanded two. I have also commanded the Navy's largest naval station in Norfolk, Virginia.

I appreciate the opportunity to provide testimony to the Committee on the views of the Department of Defense on the Feres Doctrine. The Department of Defense believes the Feres Doctrine is sound public policy and national defense policy that should not be disturbed.

To begin with, I am not a lawyer. I am a surface warfare officer. My primary focus is on maintaining good order and discipline and providing support to our military members in the Washington, D.C. area and to those who are forward deployed and prosecuting the war on terrorism. This is an essential aspect of military readiness. I also want to express my

condolences to the family of Kerryn O'Neill; her murder several years ago was a terrible tragedy. Our hearts continue to go out to the O'Neill family. Although I do not question their sincere desire to seek redress, I am here to testify that allowing service members to bring suits in federal court against their chain of command will interfere with mission accomplishment and adversely affect our operational readiness. With the challenges confronting our military and nation today, I respectfully submit that you preserve the Feres doctrine for the following three reasons.

First, the Feres doctrine is important to maintaining good order and discipline in the military. Litigation is inherently divisive and disruptive. Absent this doctrine, opposing participants would often both be military members and include a member's commanding officer and military superiors. Military readiness and effectiveness is based on cohesiveness, trust,