The Military Retiree Medical Care Broken Promise Issue

2 June 2003

FOR IMMEDIATE RELEASE by Class Act Group

Colonel George "Bud" Day, Attorney

850-664-6324/5139

UNITED STATES SUPREME COURT REJECTS COL BUD DAY’S WWII/KOREA ERA MILITARY RETIREE MEDICAL CARE CASE.

Class Act Group announces United States Supreme Court Disapproval of Col Bud Day’s Writ of Certiorari, case 02-1226, William O. Schism and Robert L. Reinlie, Petitioners, v. The United States.

Federal Circuit Court of Appeals ruling against military retirees deferred lifetime government funded medical care will not be challenged in the US Supreme Court.

A sad day for WWII/Korea Era Warriors who gave their all but have been rejected by their government.

FORT WALTON BEACH, Fla. – (June 02, 2003) In a stunning June 02, 2003 announcement, the United States Supreme Court rejected a formal hearing request involving a WWII/Korea era military retiree medical care lawsuit. Plaintiff’s Robert L. Reinlie and estate of William O. Schism claimed the US Government offer of life-time medical care if they would serve in the military for 20 or more years was a contract, which plaintiff’s accepted and fulfilled, but the government then reneged in 1995 by breaching the contract and denying them continued care in Military medical facilities.

"This is clearly a disappointment and a sad day that the United States Supreme Court did not step up to the plate and deal with this gross injustice to our WWII/Korea era warriors", says Col George "Bud" Day, USAF, Ret, attorney, Medal of Honor recipient, and former POW in Hanoi. "While the legal fight is over, our legislative efforts will take center focus to complete the contract that was partially satisfied by TRICARE for Life" remarks Col Day. "We should never have been forced to wage this fight, but we are in it and I will offer my energies toward a comprehensive legislative victory." Col Day urges "A mountain of letters to Congress to now flood the Capitol in D.C demanding legislative action."

The U.S. Court of Appeals for the Federal Circuit, Washington, D.C. ruled on 18 November 2002 (case #99-1402) that Military Retirees have no legal standing in the case. The court concluded the U.S. government was authorized to break a moral contract of lifetime, earned and deferred government funded medical care to those servicemen and women who served their country honorably for 20+ years. The court did offer sympathy and encouraged the Legislative Branch to fulfill the moral obligation made by the U.S. Government. The integrity of the U.S. Government is brought into question with this issue. Our government can’t criticize foreign governments for not honoring a commitment and then break a U.S. commitment to their own warriors.

Col "Bud" Day officially filed, on behalf of plaintiff’s Reinlie and Schism, a Writ of Certiorari petition with the United States Supreme Court on 24 January 2003 seeking eventual justice for hundreds of thousands of WWII/Korea era military retirees. On February 24, 2003, the case was officially docketed #02-1226, calling for responses from the government and supporting amicus briefs by March 26, 2003. A government extension request was approved and eventual submission action was completed May 02, 2003.

"Col Day continues to believe our cause is right and our government cannot be allowed to trample her senior warriors and send a message that future commitments made by our government to younger warriors may or may not be valid. All can hold our heads high in this honorable fight and continue to battle through our legislative branch – the cause is indeed just."

President-elect George W. Bush in a pre-inaugural address on 19 January 2001 said: …we must keep our commitment to those who wore the uniform in the past…. We will make sure promises made to our veterans will be promises kept". The obvious question is: When Mr. President?

Senator John McCain in a January 22, 2003 letter to President Bush states, "The US government's position in this case is a travesty. Not only are we turning our backs on a generation of heroes, but we are sending a message to the service members of today that the government can not be trusted to keep its promises to them."

Officials at the Department of Defense breached their contract with military retirees over the age of 65 – mostly World War II and Korea War career veterans – to receive medical care in military hospitals. This forced the retired members to buy Medicare B and other supplemental insurance costing thousands of dollars per year, to have the coverage which the U.S. previously provided for decades. The payment of several hundred dollars per month is cost prohibitive for many elderly G.I.s and particularly widows.

"After 20 years of care in military hospitals, my wife and I were kicked out and forced to rely on Medicare," says Robert "Bob" Reinlie, one of the Plaintiff's. "This is not what I was promised when I pledged to serve my country for 20 years. I’m astonished that at the age of 82 years I must continue to fight for the medical care I earned."

Class Act Group will continue to work in support of legislative action and encourage our members to become active grass roots supporters to influence Congress. Those military retirees who want to stand shoulder to shoulder with us and continue this fight are encouraged to contact the Class Act Group at 32 Beal Parkway, SW, Fort Walton Beach, Florida 32548-5391. Donations will continue to be accepted for use in the on-going fight. The group’s phone number is 1-800-972-6275, Fax (850) 664-6385, and email address is lawsuit@classact-lawsuit.com. For more information, log onto www.classact-lawsuit.com .

Further details on a comprehensive legislative action plan will be forthcoming.

END OF PRESS RELEASE

Harry Riley, Class Act Group Rep 32 Beal Parkway, SW., Ft Walton Beach, FL 32548-3933 850-664-6324


Additional background:

Lawsuit History:

July 1996: Plaintiffs file suit for medical care restoration and monetary damages in Federal District Court in Pensacola, FL., charging age discrimination, 5th amendment taking of property and breach of contract.

June 1997: District Court dismisses plaintiffs’ claim of age discrimination, but agrees to hear further argument on their 5th amendment taking of property and breach-of-contract theories.

August 1998: District Court denies plaintiffs’ entire petition.

December 1998: Plaintiffs appeal to US Circuit Court of Appeals for the Federal Circuit, Washington, D.C.

March 2000: Federal court hears oral arguments of the parties.

February 2001: Three-judge panel of the Federal Circuit Court of Appeals, Washington, DC overturns the district court decision. Finds that military retirees who entered service before June 7, 1956, had been promised free lifetime health care in return for a career of military service and were due compensation of up to $10,000 each for the government’s failure to live up to that promise.

June 2001: Federal Circuit Court of Appeals, Washington, DC agrees to a rehearing before the full (en banc) court.

March 6, 2002: Federal Circuit Court of Appeals, Washington, DC hears oral argument in the case.

November 18, 2002: Federal Circuit Court of Appeals ruling affirming the US Government position that military retirees have no legal standing to receive the medical care promised. (View complete ruling at www.fedcir.gov, case 99-1402.

January 24, 2003: Plaintiffs Petition for a writ of Certiorari filed in the Supreme Court of the United States.

February 24, 2003: Case formally entered on US Supreme Court docket #02-1226 calling for responses by March 26, 2003. Extension granted for responses to the court by May 02, 2003.

June 02,2003: US Supreme disapproves Writ of Certiorari, rejecting the case.

The Federal Circuit Court of Appeals, Washington, D.C. ordered plaintiffs L/Cols. "Sam" Schism and Robert Reinlie be re-heard in oral argument on their Feb 2001 victory in the FedCt of Appeals, March 6, 2002 at 2:00 PM, re: Military Retiree Lifetime Medical Care.

In the Appeal from the Pensacola Federal District court, the Washington, D.C. Federal District Court in Feb 2001 reversed and gave the plaintiffs Summary Judgment and ordered the case back to trial court to award damages. The US government requested a rehearing. On March 6, 2002, Attorney Col. Geo. "Bud" Day argued the WWII/Korean Retiree case to the 13 member (en banc) court, and the United States focused on why the U.S. should be able to break their promise of free lifetime medical care to the WWII/Korean retired veterans.

Col. Day originally filed a Class Action initiative, which could impact as many as 1,500,000 WWII and Korea War military retirees, but was made moot when the Pensacola Federal District awarded summary judgment to the government. A renewed motion for Class Action status will be delayed pending Supreme Court action.

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