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THE
RETIRED MILITARY
ADVOCATE,
Floyd Sears, MSGT, USAF, 1951 to 1971, retired, tells the military retiree swindle story here. Remember this... if you don't tell the Congress otherwise they will think everything is OK. Click here to get Congressional contact information. Click here to record your attempts to educate the Congress. Click here to post a message in the MRGRG Educate the Congress Record Book. Click here to look at messages posted in the MRGRG Educate the Congress Record Book. This web page is dedicated to the Military Retiree Grass Roots Group of military retirees and dependents that have been lobbying the Congress since 1995 trying to regain the medical care they were promised, while they were on active duty, which was to take affect after retirement.
Use the links below and take a close look at the United States Court of Appeals for the Federal Circuit decisions
Click here
to see a
court decision in favor of military retirees. Click here
to look at and
listen to a full web page version of the
greatest swindle of all time story.
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So,
what
can military retirees do?
As it stands Medicare payments to Doctors will be cut by about 10% on 1 July 08. If this happens then we will have a problem trying to find a Doctor that will accept us under Medicare and our Tricare for Life supplement will be worthless. Click here to see a plan for lobbying the Congress to stop cuts to Medicare payments. In addition to holding onto what we have gained we need to get the whole truth concerning the military retiree medical care broken promise issue out to the: United States Congress, the American People, other Military Retirees, other Military Retiree Widows, and anyone else interested in justice and fair play. We need to keep each
other informed in reference
to what we are doing. |
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If you can not follow the above scrolling then click here.
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Click
here to look at and listen
to a web page version of the true story. |
THIS
IS THE CURRENT LOBBYING EFFORT Click here to e-mail the webmaster. |

This web page is changed often.
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| Links: ---------------------------------------- MRGRG web
page index Lawsuit
Rulings: Silly
Stuff: |
Looking
for Justice: Can you imagine one court's conclusion that says this... "The retirees entered active duty in the armed forces and completed at least twenty years service on the good faith belief that the government would fulfill its promises. The terms of the contract were set when the retirees entered the service and fulfilled their obligation. The government cannot unilaterally amend the contract terms now." Click here for more. And,
a second court's conclusion that starts like this... Would end like this... "Again, however, because no authority existed to make such promises in the first place, and because Congress has never ratified or acquiesced to this promise, we have no alternative but to uphold the judgment against the retirees' breach-of-contract claim." Click here for more. Click here to get acquainted with the military retiree medical care broken promise issue, and the greatest swindle of all time... a broken contract with America's military retirees. |
Looking for Leadership: ---------------------------------------- On 28
Feb 2007 Representatives Chris Van Hollen (D-MD), Chet Edwards (D-TX),
Jeff Miller (R-FL) and Walter Jones (R-NC) introduced two bills in
Congress: CRS Reports for Congress: Military
Health Care: The 21 Dec 1998 Report Congress will accept the CRS reports as the unbiased truth, the whole truth, and nothing but the truth, unless you intervene and tell the Congress otherwise. The CRS has direct access to and can easily influence every Senator, every Representative, and every Congressional Staff member. You don't! You must work just a little bit harder to educate the Congress, but it can be done using information from this web site. |
Educate the Congress: ----------------------------------------
Send a letter, send a FAX, make a phone call, send an e-mail, or send a web form message. Record your actions:
The American people and the United States Congress must never forget that which is owed to its military retirees, military veterans, active duty military, and their eligible dependents. Military retirees should always be ready to do whatever is right about whatever is wrong. |
| More
Links:
---------------------------------------- BGen
Bob Clements |
Bills
to Watch in the HR 579 - Military Retirees Health Care Protection Act - This Edwards-Jones bill would prohibit DoD from increasing TRICARE fees, specifying that theauthority to increase TRICARE fees exists only in Congress. HR 1222 - a revised version of the Keep Our Promise to America’s Military Retirees Act. HR 1223 - and a new bill, the Keeping Faith with the Greatest Generation Military Retirees Act. |
Code
of Conduct I am a retired American military fighting man. I served in the Armed Forces which guarded our country and our way of life. I was prepared to give my life in my country's defense. I will never forget that I was an American military fighting man, responsible for my actions, and dedicated to the principles which made my country free. I will continue to trust in my God and in the United States of America, and I will continue the fight (verbally and in writing) to regain the medical care that was promised to the American Military Retirees before their retirement for as long as I live. |
Get
Involved!
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HR 1222 - Summary - Keep Our Promise to America's Military Retirees Act" (HR 1222) -- Fulfills promises to young recruits that quality health care would be available to them when they retired after a career in uniformed service to their country.
- Allows Military Retirees to opt out of the Tricare military health system and enroll in the Federal Employees Health Benefit (FEHB) plan if Tricare does not provide them adequate health care.
- Maintains and improves access to the military pharmacy benefit for Military Retirees who opt out of Tricare and enroll in FEHB.
HR 1223 - Summary - Keeping Faith with the Greatest Generation Military Retirees Act'' (HR 1223) -- Addresses a specific obligation Congress has to military retirees who entered the uniformed services prior to 1956. They joined the service under one set of rules but retired under a different set of rules that stripped them of health care that had been provided routinely to them. In 2002, a Federal Appeals Court called on Congress to use its legal authority to address the "moral claims" of this class of military retirees.
- Waives Medicare Part B Premiums for Military Retirees who entered the uniformed services prior to December 7, 1956, because they entered the service under one set of rules but retired under a different set of rules that stripped them of promised and earned health care.
The Military Retiree Grass Roots Group (MRGRG) is a group of "individuals" with a common goal of regaining the medical care benefits promised to military retirees after their retirement. We influence, support, and communicate with each other via the Internet (e-mail and web pages), but each individual is responsible for his/her own actions. If you have taken any action(s) via e-mails, letters, FAXes, phone calls, etc, to influence the Congress, in reference to our common goal, then you are a member of the MRGRG. The MRGRG is not an organization.
Click here to add your name to the Military Retiree Grass Roots Group (MRGRG) e-mail list.
Click here to contact the Retired Military Advocate web master.To educate the Congress on military retiree issues, do this...
Send your message to the Congress using, regular
mail, FAX, e-mail, web forms, or telephone.
Click here to learn about the greatest swindle of all time... a broken contract with America's military retirees.To tell other military retirees what you are doing, do this...
Click here to record your contacts in the
Educate the Congress Tracking System, and to enter
your comments in the MRGRG Educate the Congress Record Book.
To see more on "recording your actions" click here.

Floyd Sears and WXXV-TV at the raising of a billboard, near Pascagoula, MS, which was designed to keep the military retiree medical care broken promise issue alive.Keep the military retiree medical care broken promise issue alive,
This caricature, designed by Shirley DuBey, and drawn by Jack Dempsey, was extracted from a billboard which was designed to advertise the military retiree medical care broken promise issue.
until the promise is kept for all military retirees.
The greatest swindle of all time
Click here to look at and listen to a web page version of the greatest swindle of all time
Click here to download a narrated PowerPoint version of the greatest swindle of all time
Click here to download the PowerPoint Viewer 2003
Click here to listen to the greatest swindle of all time narration only
Click here to listen to the difference between a military retiree and a military veteran narration only
My name is Floyd Sears. I am a military retiree and a military veteran. I served the United States of America in the United States Air Force for 20 years from 1951 to 1971.
Please allow me to tell you about...
The greatest swindle of all time...
a broken contract with America's military retirees.This is my story, but any one of the other 1.8 million military retirees affected by this swindle could tell you the same story.
As we examine this issue think about the words
"fraud" and "swindle".
Fraud: Is a deliberate deception for unfair or unlawful gain. A trick.
To Swindle: Is to cheat or defraud of money or property.Also think about the definition of a contract, with the most basic elements being the offer and the acceptance of the offer.
The contractual offer
From WWII to the early 1990's, agents of the United States Government made this offer.Serve for 20 years in the military and retire, and you will receive full free medical care for yourself and your eligible dependents, at military treatment facilities, for as long as you and your eligible dependents live.
Events have proven that this promise was the greatest gimmick, promotional stratagem, and swindle of all time, and the active duty military believed it as they were suppose to.
It is important to note that this promise did not indicate that a military retiree would have to use and pay for a medical care plan such as Medicare, and a Medicare supplement, when he or she reached age 65. It did not indicate that a military retiree would have to use and make copays to an HMO type medical care plan, such as Tricare. And, it did not indicate that the promise applied to non military retiree veterans. One had to serve for at least 20 years and retire in order to be eligible for the promised medical care.
This promise was made initially by Military Recruiters.
Then over a 20 to 30 year period by, Basic Training Instructors, line level Supervisors, 1st Sergeants, Commanding Officers, and Reenlistment Counselors, all agents of the United States government, as directed by publications received from the highest level of the military hierarchy.
The military hierarchy authorized the making of the promise, because it was the law. Prior to 7 June 1956, TITLE 10, Subtitle A, PART II, CHAPTER 55, Section. 1074, (b) of the U.S. Code stated...
Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed service who is entitled to retired or retainer pay, or equivalent pay shall, upon request, be given medical and dental care in any facility of any uniformed service.
The promise was made to encourage the trained and experienced military personnel to remain in the military. The prime reason for making the promise was to save the American taxpayers BILLIONS of dollars by not having to train replacements every two to four years. It was all about money.
On 7 June 1956, Congress changed TITLE 10, Subtitle A, PART II, CHAPTER 55, Section. 1074, (b) of the U.S. Code as follows.
Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed service who is entitled to retired or retainer pay, or equivalent pay may, upon request, be given medical and dental care in any facility of any uniformed service, subject to the availability of space and facilities and the capabilities of the medical and dental staff. See US Code
Congress altered the US Code to change the word "shall" to "may", added the words “subject to the availability of space and facilities and the capabilities of the medical and dental staff”, and the stage was set for military base closures, the breaking of the medical care promise, and the greatest swindle of all time.
THE GOVERNMENT/MILITARY
There was no fanfare or warning given to the active duty military concerning this major change to the law that would drastically affect their lives, later in retirement, and the military establishment continued to make the same medical care promise.
The medical care promise was still being made as late as 1991.
The content of the poster amplified.
Superb Health Care. Health care is provided to you and your family members while you are in the Army, and for the rest of your life if you serve a minimum of 20 years of Federal service to earn your retirement.
Take a close look at this health care promise that was being made as late as 1991. Not only does it promise health care, but it promises "superb health care". It clearly indicates that health care is promised to you (the service member), and also to your family members while in the Army and for the rest of your life if you earn retirement. Note the numbers in the boxes. Note that the poster was printed in the United States Government Printing Office (U.S.G.P.O.1992 643-711) on (RPI 909 NOVEMBER 1991).
Click here to see other Famous Pentagon Quotes on Recruiting.
In the late 1980s, Congress and the Department of Defense started the process of closing military bases and medical facilities where the medical care promise was supposed to be kept.
As a result the space, facilities, and the capabilities of the medical staff were substantially reduced, the Military Health Care System had to change, and TRICARE was born.
In 1995, TRICARE came to Keesler AFB, where I had been receiving medical care since 1961, I turned 65, was not eligible to enroll in Tricare Prime, had to leave Keesler AFB, go on Medicare, pay for Medicare Part B and a Medicare supplement, and the medical care promise was broken for the author of this web page, and millions like him that were over 65.
The medical care promise was also broken for millions of other military retirees, including those under age 65, because they had to start paying for their medical care. The government reneged on their promise.
It was all about money when the promise was made and it's all about money now.
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It's the greatest swindle of all time. It's a broken contract with America's military retirees.
The acceptance of the offer
From 1951 to 1971 - Floyd Sears, and millions like him, accepted the offer (believed the promise) and took a similar oath:
I do solemnly swear that I will bear true faith and allegiance to the United States of America; that I will serve honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.
I made a promise and I kept my promise. I would have died if necessary to keep my promise. The fact is I had no choice. I went where I was suppose to go (no matter what the hardship), I did what I was ordered to do (with no choice in the matter), and I obey orders (without question).
Military personnel must believe what they are told, when it comes from an official source. They have no choice. It's required by military law. I had to believe what I was being told. I had to believe the medical care promise.
The military person is trained, from day one, to trust their leaders and believe what they are being told. In the military, believing what one is told is the first step in obeying orders. If a military person is told that they must kill the enemy in combat and is also told that if they serve for 20 years in the military and retires they will receive free medical care for themselves and their eligible dependents at military treatment facilities for as long as they and their eligible dependents live, should they believe the one thing they are told and disbelieve the other?
I trusted and respected my military and elected leaders. I believed what I was told and I believed what I was promised. They, my leaders, could and did depend on me. I never let them down. I never reneged on my promise.
Let me tell you about the lawsuit seeking justice.
Colonel (retired) George E. Day
In July 1996: A lawsuit was filed on behalf of William O. Schism and Robert L. Reinlie (plaintiffs) by Colonel (retired) George E. Day, of Fort Walton Beach, Florida, seeking monetary damages, in the Federal District Court of Pensacola, Florida, charging age discrimination, 5th amendment taking of property, and breach of contract.
In June 1997: The District Court dismissed the plaintiffs’ claim of age discrimination, but agreed to hear further argument on their 5th amendment taking of property and breach-of-contract theories.
In August 1998: The District Court denied plaintiffs’ entire petition.
In December 1998: The Plaintiffs appealed to US Circuit Court of Appeals for the Federal Circuit, in Washington, D.C.
In March 2000: The Federal court heard oral arguments of both parties.
In February 2001: A three judge panel of the Federal Circuit Court of Appeals, Washington, DC, overturned the Pensacola, Florida, Federal District Court's decision, and finds that military retirees, who entered service before 7 June 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. This decision was appealed by the United States Government.
In June 2001: The Federal Circuit Court of Appeals, Washington, DC, agrees to a rehearing before the full (en banc) court.
On 6 March 2002: The Federal Circuit Court of Appeals, Washington, DC, heard oral argument from both sides in the case.
On 18 November 2002: The Federal Circuit Court of Appeals, Washington, DC, made a ruling which affirmed the US Government's position that military retirees have no legal standing to receive the medical care promised. This decision was appealed by the plaintiffs.
On 24 January 2003: A Petition for a writ of Certiorari was filed in the Supreme Court of the United States.
On 2 June 2003: The Supreme Court refuses to hear the case.
The author of this web page is somewhat confused concerning the court's decision.
Think about this.
You agree to make 20 payments to purchase an automobile. The dealer receives and makes full use of your 20 payments. Now the car is yours, right? Wrong! The dealer says you can not have the car because the salesman who sold it to you was not authorized to make the contract. You say that this is ridiculous, and of course you are right because you had a contract. There was an offer and an acceptance of the offer and you fulfilled your part of the contract.
What if you are made this offer: Serve for 20 years in the military, and retire, and you will receive free medical care for yourself and your eligible dependents, at military treatment facilities, for as long as you and your eligible dependents live, and you accept. Is that a contract? Yes it is, but beware. The US Court of Appeals for the federal circuit has said, in the WILLIAM O. SCHISM and ROBERT L. REINLIE v. the UNITED STATES case, “We cannot readily imagine more sympathetic plaintiffs than the retired officers of the World War II and Korean War era involved in this case. They served their country for at least 20 years with the understanding that when they retired they and their dependents would receive full free health care for life. The promise of such health care was made in good faith and relied upon. Again, however, because no authority existed to make such promises in the first place, and because Congress has never ratified or acquiesced to this promise, we have no alternative but to uphold the judgment against the retirees' breach-of-contract claim”.
So, we have the military hierarchy making a promise from the early 1940’s to the early 1990’s they were not authorized to make, and we have the greatest swindle of all time… a broken contract with America's military retirees.
In their 18 November 2002 ruling the court said that "Perhaps Congress will consider using its legal power to address the moral claims raised by Schism and Reinlie on their own behalf, and indirectly for other affected retirees." The Congress claims that the United States of America can not afford to keep the medical care promise made by the military, and we have a stand-off. The Congress will not comply with the Court's recommendation.

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This is a story about four people named Everybody, Somebody, Anybody and Nobody.
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~ More MRGRG-MS.ORG Web Pages ~
Links to Class Act Lawsuit Information
The White Paper on Military Health Care Sequence of Events
The White Paper on Military Health Care Story... (more) White Paper posted on the Internet... (more) Downloadable copies of White Paper posted on the Internet... (more) Three page White Paper Introduction Document released... (more) White Paper Delivered to the Senate and House... (more) Operation TELL-EM initiated... (more) David Vann's White Paper testimony to the HASC... (more)
For The RecordThe Retired Military Advocate web site went on-line on 17 September 1997 to assist the military retirees regain the medical care they were promised before their retirement.
On 12 Oct 2000, with the passage of the National Defense Authorization Act for Fiscal Year 2001 (HR 4205) which was signed into law on 30 Oct 2000 as Public Law 106-398, an entitlement called Tricare For Life (TFL) was established. See http://www.tricare.osd.mil/ndaa/fast_facts.htm. TFL became effective on 1 Oct 2001.
This TFL entitlement came about as the result of Congressional lobbying by various Veterans Service Organizations in Washington and by a group of military retirees working at the grass roots level that came to be known as the Class Act Group (CAG), and the Military Retiree Grass Roots Group (MRGRG). This web site is dedicated to the individuals of these two groups.
The CAG and the MRGRG is not an organization, it is group of individuals with a common goal of regaining the benefits promised to military retirees before their retirement. They influence, support, and communicate with each other via the Internet, but each individual is responsible for his/her own actions.
The efforts at the grass roots level to regain the medical care that was promised to military retirees before their retirement focused on educating the American people via letters to the editor, pickets, demonstrations, and billboards. The efforts to educate and influence the Congress was accomplished via e-mails, letters, FAXes, phone calls, group meetings, and one-on-one meetings.
If you were involved in any of these activities to influence the Congress then you are a member of the CAG and the MRGRG and this web site is dedicated to you.
The American people and the United States Congress must never forget that which is owed to its military retirees, military veterans, active duty military, and their eligible dependents.
Code of Conduct for Military Retirees
Developed on 12 March 1998,
by
Floyd H. Sears, MSGT, USAF, 1951-1971, (Retired)
using words from
the Code of Conduct for The Armed Forces of The United States.I am a retired American military fighting person. I served in the Armed Forces which guarded our country and our way of life. I was prepared to give my life in my country's defense. I will never forget that I was an American military fighting person, responsible for my actions, and dedicated to the principles which made my country free. I will continue to trust in my God and in the United States of America, and I will continue the fight (verbally and in writing) to regain the medical care that was promised to the American Military Retirees before their retirement for as long as I live.
The United States Military taught me many things,
but never taught me how to give-up and quit.

The
United States Military
Retiree Creed, 3
June 2007:
(By Floyd Sears
using the United States Air Force Creed as a guide)
I am a
United States Military Retiree.
I am a tested warrior.
For 20 or more
years I answered my nation's call.
I am a
United States Military Retiree.
My mission is to stay active in
retirement, fight for the medical care we were promised, and win.
I am
faithful to a proud heritage, a tradition of honor, and a legacy of
valor.
I am a
United States Military Retiree.
Guardian of our freedom and justice in
the nation's courts, my nation's sword and shield, its sentry and
avenger.
I defended my country with my life.
I am a
United States Military Retiree:
a companion, leader, and warrior.
I
will never leave a United States Military Retiree behind, I will never
falter, and I will not fail.
I pledge allegiance to the Flag
of the United States of America,
and to the Republic for which it stands:
one Nation under God, indivisible,
With Liberty and Justice for all.