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Disenfranchised Military Retirees Prepare Attack
By Thomas D. Segel
February 28, 2002

Far too long they have been wounded knights, fighting without their country offering its banner of support.   They have attempted to slay the dragon of bureaucracy using only logic and fairness as their weapons.  For more than 112 years a petty, discriminatory law has robbed some of our best and bravest former warriors of fair compensation for wounds or permanent suffering received in defense of their flag.  Today, with the steel-like resolve displayed throughout twenty and more years of faithful service, they prepare to battle their own nation.

Many citizens are still unaware of the discrimination imposed on the disabled military retirees of this country.  Under a law, written specifically to penalize career service personnel, any soldier, sailor, airman or marine who is found to be disabled after completing a twenty year or longer active duty career, will have one dollar of retirement pay taken away for each dollar of disability compensation received.  There is no other branch of federal service or civilian business which is impacted by such a vicious law.

Members of Congress, such as Senators John McCain, Max Cleland or Kerry, do not get penalized under this law.  Though all have disabilities, they will still draw their full senatorial retirement, plus any disability compensation to which they may be entitled.

Those who had service ending disabilities which forced them into careers as civilian government employees are not touched.  They too, will receive their full retirement pay, plus all disability compensation.

The law which provides for a ban on concurrent receipt of disability compensation and retired pay is a flagrant violation of the United States Constitution's Equal Protection Clause and also violates the American Disabilities Act... in that it singles out a specific class of people to penalize.  The law targets only men and women who became disabled during the course of their long and faithful service in the armed forces of their country.  Because the Congress of the United States has turned its back on this issue... Because the Department of Defense has fought their own retirees right to receive just compensation... Because the nation's leadership will not undo a serious wrong... America's disabled military retirees are preparing to take their country into a court of law.

A lawsuit already filed in U.S. District Court in San Antonio, Texas is only the first attack in what could be wave after wave of assaults against this injustice.  The suit now in progress charges violation of the equal protection clause and the due process clause of the Constitution, plus violation of the American Disabilities Act.  The suit also seeks "suspect class status" because these military retirees are victims of past discrimination.

Should the law suit fail to correct this long standing injustice...there are other legal attacks waiting in the wings.  One idea gaining favor in the disabled community is to seek equal  protection under the law by having the dollar per dollar off-set apply to the retirees of all government agencies.  Perhaps when the bureaucrats and congressional personnel start having their own pockets picked, they will be more receptive to fair treatment for all.