PRESS RELEASE #10
Beery Prepares For Court,
Van Luven Prepares For Jail
By Staff Writer: Rick Townsend
06/04/04
Jere Beery and Dale Van Luven are both noted veterans rights activist, and have been very active within the veterans’ rights movement for several decades. Their efforts to help our veterans are well documented and recognized by many nationwide. Now, they need help.
In five days, Vietnam combat disabled veteran, Jere Beery appears before Georgia Superior Court Judge, Alan Keeble, in Newnan Georgia. Beery has appealed a decision by Judge Keeble in which the Judge ordered Beery to pay his ex-wife $24,000 from his only living means, his VA disability compensation. “According to Title 42, U.S. Code, Section 659(h)(1(A)(ii)(V), Judge Keeble’s ruling is a violation of Federal Law,” Beery stated.
Beery’s lawyer, criminal defense attorney, Jack Nebl of Eatonton Georgia has taken on the Beery case free of charge. “I am a criminal defense attorney”, Neble said. I represent clients in high profile felony cases; I am not a divorce lawyer. I have volunteered my time and services to the Beery case because of the principles involved here. The Federal Statute that protects Mr. Beery’s veterans’ benefits is very clear in its wording and intent. If arguing this issue at divorce court level insures the future protection of just one disabled veteran’s earned benefits, it will be well worth my time and effort, and I will sleep very well at night”, Nebl added. Nebl is also a Vietnam veteran.
Rick Plymale, Paralegal and lead investigator on the Beery case feels much the same way. “There are many things we can do right here at home to support our troops. Enforcing the laws that protect their earned benefits is one of them. As a veteran myself, and grateful American, I cannot ignore this responsibility to our men and women in uniform,” Plymale stated.
Dale Van Luven is another Vietnam combat veteran ordered to pay alimony with his VA disability compensation. Van Luven, unable to find/or afford an attorney to take his case, lost his appeal rights and can be arrested at any time for nonpayment. Like the Beery case, there are no children involved in his divorce. Both men are physically disabled and unable to work and depend heavily on their VA disability compensation to live on. In the Beery case, VA disability compensation is the only funds he has to survive.
These two cases and others across the country have raised eye brows within the military and veteran community. Many are outraged to learn of State Judges finding ethically questionable ways to strip our veterans of their protected benefits.
James T. North, USMC, (Ret.), of Harrison Township, Michigan is yet another disabled veteran ordered to pay alimony from his VA disability compensation. North is a combat Desert Storm veteran. On April 5, 2004, North was ordered to pay his ex-wife 50% of his monthly VA disability compensation for life, as a property settlement. In addition, the Judge backdated this award to the original date of North’s finial divorce, two and a half years ago. North was further ordered to pay the back payments within 60 days. North has since remarried. “My wife and I are flying down to Georgia to attend the Beery Hearing. I know what Mr. Beery is going through, it happened to me,” North said. “I have personally written Secretary of Defense, Donald H. Rumsfeld requesting his office look into this matter immediately. This injustice and illegal practice by State Judges is affecting many disabled veterans nationwide. You have to ask yourself what kind of person would stoop that low,” North added.
Beery, Van Luven and North are all three highly decorated combat veterans. Jere A. Beery was awarded the Bronze Star medal with “V” devise for heroism in Vietnam on behalf the President of the United States in a special ceremony at NAS Atlanta in 1990. Beery also earned three Purple Hearts for combat wounds received in Vietnam. Van Luven received a Purple Heart for a head wound received in Vietnam. In 1998, James T. North was awarded the Defense Meritorious Service Medal by the Secretary of Defense. All three men have earned the elite Combat Action Ribbon.
A number of concerned veterans and citizens have vowed to attend the Beery Hearing in an effort to bring attention to this issue. Beery feels whatever happens at his Hearing could affect disabled veterans in similar situations across the country. “If no one shows up at the Hearing, the issue will die and other disabled veterans will be stripped of their earned benefits, possibility by this same Judge. If enough people show up, we will get media attention and possibly stop this from happening to other veterans in the future,” Beery said. “Under no circumstances can I become an accomplice in the violation of Federal Law. I cannot voluntarily surrender any/or part of my VA disability compensation to my able bodied non-veteran ex-wife,” Beery proclaimed.
The Beery Hearing is scheduled for 9 am on June 10th at the Newnan Town Square Court House. Beery and Van Luven are urging concerned individuals to attend. Van Luven concluded, “The future protection of veteran’s benefits is now in the hands of the public. Beery and I have done everything we can to expose this travesty of justice. The rest is up to the American people. I wonder how many disabled veterans are incarcerated, or hiding out because they refused to give up their earned VA disability compensation,” Van Luven questioned. “I could very well be the next disabled veteran jailed for this,” he added.
Jere Beery jerebeery@aol.com
Dale Van Luven Vietna467@aol.com
Jack Nebl & Rick Plymale lawdog@mfire.com
James North gymgemjim@comcast.net
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY