ARA Quarterly Newsletter - January 2022

ARA Quarterly Newsletter - PDF Download Here

January 2022
ARA Vol 38 Issue 1

Washington Ramble

Inside Congress, 2021 turned out to be essentially an uneventful USFSPA year. Members stayed focused on legislating hate for one another: They did seem to leave partisan rancor outside the House and Senate military and veterans affairs committee doors.

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The Davis Report

To protect military retirees' earned health care, Sens. Jon Tester (Mont.) and Lisa Murkowski (Alaska) introduced bipartisan legislation, the "TRICARE Select Restoration Act" (S. 625) to eliminate TRICARE Select enrollment fees for retirees who retired prior to 2018. The bill would eliminate enrollment fees for retired beneficiaries using TRICAE Select, ensuring that these retirees are not subject to these burdensome costs. The Fleet Reserve Association (FRA) strongly opposed the new TRICARE Select enrollment fee in 2016 when it was added to the FY 2017 National Defense Authorization Act (NDAA) as part of military I’m health system reform, because it diminishes the earned health care benefit for military retirees. FRA efforts reduced and delayed the fee.

On January 1, 2021, an annual enrollment fees for TRICARE Select beneficiaries went into effect, increasing the financial burden on countless military retirees. Under this law, beneficiaries who retired before January 1, 2018 are subject to health care enrollment fees under TRICARE Select health plans.  Members are strongly urged to go to The Fleet Reserve Association Action Center to weigh in on this issue.




Trial Court Judge Newell conceded that member's VA disability compensation benefits were not "income" and that he was to proceed in the child support case as a pauper, as indigent. That March 8th Order along with the subsequent March 15th CoA Order denying the member's motion on appeal as being now rendered MOOT as Judge Newell capitulated This appeal is a huge victory to not only Texas disabled vets who file to proceed as a pauper, but all vets in all states and commonwealths. LT(J.G.) Gregory Parsons U.S. Navy, PDRL

VALOR (Veterans Against Lifetime Oppressive Remuneration) is a Non-Profit.

Retired members of the uniformed services of the United States (Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, and NOAA) are subject to a very unfair federal law that allows state courts to divide their retirement pay after a divorce with terms that are often more severe than the terms of any normal divorce. Visit the VALOR website.

Military members have a unique retirement that requires them to be available for military recall their entire lives. Their former spouses have no such obligation but they can still receive a portion of retired pay from the uniformed service retiree for life even after the former spouses have remarried, This law reflects the situation when passed in 1982 that is no longer relevant. Many states have or are modifying their (civil/civilian) divorce system to no longer require lifetime payments to a former spouse.

Out of 2.5 million retirees, more than 246,832+ retirees are affected by this unfair law everyday. Many of them are disabled as a result of their service to our country. Help modify the Uniformed Services Former Spouses Protection Act (USFSPA) to ensure fairness for our uniformed services retirees and to reflect the current realities of divorce in America. Your contribution will be used for legal fees, education to support reform/repeal, campaign and public awareness, recruitment and advertisement.

Please help support our veterans in restoring their rightly earned and promised retired/retainer pay. VALOR (Veterans Against Lifetime Oppressive Remuneration) is a Non-Profit.

Visit the website and GoFundMe page to support VALOR.

Bill Summary - HR 2323 - To amend the Internal Revenue Code of 1986 to allow certain veterans organizations to take into account the membership of spouses, widows, and widowers of members of the Armed Forces for purposes of determining tax exempt status.

Go here for more info

Attention all members who have or have had any of their VA disability compensation included in assignment to pay ALIMONY or SPOUSAL and/or CHILD SUPPORT

Attention all members who have or have had any of their VA disability compensation included in assignment to pay ALIMONY or SPOUSAL and/or CHILD SUPPORT, be it from a rendered DIVORCE DECREE or CHILD SUPPORT ORDER: There now exists a Microsoft Word LAWSUIT Template which allows you to sue your state or commonwealth actors & principles involved in that illegal assignment. This lawsuit allows you to seek redress from the system when you properly assert your 38 USC Section 5301(a) rights to "VOID from its INCEPTION" regarding your illegal decree and/or order. Should you be granted a void decree or order, you will also then be entitled to total RECOUPMENT with interest of any and all VA compensation stolen from you since day one! You will also then have a claim for additional damages to settle in your U.S. District Court for federal and constitutional civil rights violations. THERE ARE NO TIME LIMITATIONS FOR FILING THIS SUIT. To receive more information, send your contact information after you click and open

Uniformed Services Retiree Population with USFSPA Monthly Deductions

Data provided by DFAS Cleveland, OH and USCG PPC, Topeka, KS

Get the PDF File Here
Oct 2017

Statistical Data Concerning the Impact of the Uniformed Services Former Spouses' Protection Act on Retired Members of the Uniformed Services

For: U.S.Army; U.S. Navy; U.S. Marine Corps; U.S. Air Force; U.S. Coast Guard; Comm Corps of NOAA; Comm Corps of PHS

Get the PDF file here
Oct 2017


USPHS Commissioned Officers,

Active Duty and Retired

YOU are

 subject to the

Uniformed Services Former Spouse Protection Act (10USC1408).

If you are  contemplating, anticipating or in a divorce proceeding, you really

need to have a copy of Divorce and the Military II, $19.95 (includes S & H).  

Contact the American Retirees Association [a 501 (c) 19 tax exempt, non-profit organization], to order and/or to join. 

What you or your divorce attorney may not know about the USFSPA could hurt you significantly for the entirety of your retirement years !


March 16, 2018

Congress Passes Hirono, Hatch Bill to Expand Long Term Health Care Coverage for Veterans


Supreme Court rules in veteran's favor in closely watched divorce settlement case

By: Shawn Snow, May 17, 2017

The U.S. Supreme Court unanimously ruled Monday, in the case of Howell v. Howell, that a state court cannot offset the loss of a divorced spouse’s portion of a veteran's retirement benefits when that veteran waives retirement pay in favor of disability pay. The issue has been hotly debated for years. 

In 1991, a court awarded Sandra Howell half of Air Force veteran John Howell’s retirement pay when the couple was divorced. However, after becoming aware in 2005 that he was eligible for disability benefits, John, who had received a 20 percent disability rating from the Department of Veterans Affairs, elected to waive $250 of his $1,500 a month in retirement pay, which is taxable, in favor of $250 monthly disability pay from the VA, which is not taxable. That reduced Sandra's monthly divorce settlement by $125, so she went back to court, arguing that she should get half of what his retirement pay would have been if he had not opted for disability pay. 

The Arizona Supreme Court upheld her claim in its interpretation of the Uniformed Services Former Spouses’ Protection Act, a law that regulates how military retirement pay may be divided up after a divorce.  

The Supreme Court's ruling Monday overturned the Arizona court's decision. 

Until 2003, disabled veterans had to select either their full retirement compensation from the Department of Defense or their VA disability benefit with a reduced retirement annuity. This penalty became known as the "VA offset." Many veterans choose the offset, however, because disability payments are tax free. In the 2003 and 2004 defense authorization bills, Congress waived this offset in certain cases, and veterans with career-ending combat injuries or a disability rating of 50 percent or higher were allowed to concurrently receive both types of payments. 

Full Reference here

Supreme Court Decision




Hot off the Presses


Thanks to DFAS and the Freedom of Information Act, we are able to share the current toll USFSPA provisions are taking on uniformed services personnel, and by extension, the very national security that protects us from our foreign and domestic enemies.

The 97th Congress passed USFSPA provisions to President Reagan and he signed it into law. Iowa Senator Harold Jepson apologized to me, in a Memo, for the harm his legislation (it was his version of the Bill that cleared the joint conference) has done to career uniformed services personnel and by extension to the national defense team we all rely on to protect us from our foreign and domestic enemies.

State legislators dodge the USFSPA reform issue, by falsely claiming it is a Congressional mandate. Interestingly, six of our great States protect their government employee pensioners from the harm USFSPA provisions lay on our Federal Uniformed Service pesonnel. Ironically, other states want us to believe they too cannot similarly protect those who make their every existence possible.......Learn More->


Divorce and the Military II


Discover how unpublicized Uniformed Services Former Spouses Protection Act provisions target career Military, PHS and NOAA personnel! .......................ORDER THE BOOK..............................

Divorce in the military(1) What You Don't Know CanHurt You
(2) What USFSPA Is and What It Is Not
(3) Where Were You in '82? (Things the Recruiter Didn't Tell You)
(4) Controversy Aplenty
(5) Is it lncome or ls it Property?
(6) Women in Uniform
(7) The Reserves and the Guard
(8) All Divorces Are Not Alike: What you need to consider
(9) Federal Benefits: Here Today and May be Gone Tomorrow
(10) Financial Management Before and After Your Divorce
(11) Survivor Benefit Plan
(12) 51 Flavors and Counting
(13) The Divorce Process
(14) Selecting an Attorney
(15) Strategies
(16) Legislative Environment:
(17) About the ARA
(18) Restoring Fairness and Equality

View the Complete Table of Contents of Divorce in the Miliary


The Uniformed Services Former Spouses Protection Act (USFSPA)

The Uniformed Services Former Spouses Protection Act (USFSPA) was implemented ostensibly to protect deserving uniformed service member former spouses. Ironically, it created a class of service member casualties, larger than those it was designed to protect.

The American Retirees Association (ARA) was founded in 1984 specifically to address the numerous inequities found in Title 10 USC 1408 et seq (USFSPA). ARA is a 501(c)(19) Veterans Support Organization (VSO), chartered in California, as Tax Exempt Corporation 1551226, with Federal Tax Exemption ID  33-0246743. Our field membership is comprised of all male and female members of the Uniformed Services, residing across the United States and around the world.

USFSPA 1099-R Fraud Alert

There is no easy method for a concerned State Department of Revenue to determine which Form 1099-R is from a military retiree or a former dependent military spouse. In addition, there is no easy way to determine whether a Form 1099-R is reporting tax exempt military retired pay or non-exempt payments, pursuant to a divorce decree, for which Title 10 of the United States Code,

Section §1408(c)(2), applies. If you can identify a resident you believe has committed or is committing this USFSPA related fraud, consider reporting their contact information to their Department of Revenue, Audit Bureau, (anonymously, if you prefer). We are confidant their case-by-case basis investigation results are confidential.

DISCLAIMER: The American Retirees Association provides general information on the issue of non-disability military retirement benefits as a divisible marital asset. It is with the understanding that this Web Site is not engaged in rendering legal, accounting, or other professional services. State laws relative to domestic relations vary and change frequently. If legal or other expert assistance is required, please consult with competent professionals.