ATTN AMERICAN PUBLIC: THIS PETITION IS FREE TO SIGN.

IF YOU AGREE WITH ITS CONTENTS, PLEASE SHOW YOUR SUPPORT OF U.S. MILITARY & FAMILIES BY TAKING A MOMENT TO REGISTER YOUR COMMENT.  TO JOIN V’ERPA/HOVAI INC. IS ALSO FREE.

AS AN AMERICAN, YOU ONLY NEED TO REASONABLY BELIEVE THE FERES DOCTRINE IS UNCONSTITUTIONAL TO BECOME AN ASSOCIATE MEMBER. 

TO: All Members of the United States House of Representatives & Senate

STOP THE DEPARTMENT OF JUSTICE (DOJ) FROM USING TAXPAYERS' MONEY TO COVER UP CRIMES AGAINST THE UNITED STATES AND ITS MILITARY MEMBERS IN THE U.S. ARMED FORCES AND DEPARTMENT OF VETERANS AFFAIRS (DVA)!

I, the undersigned united States citizen or legal resident�hereby respectfully request and call attention upon my Members of Congress and the Senate to invoke the "ready remedy" notification of the 1950 U.S Supreme Court (SCOUS) to bring an end to the chilling effects of the United States Supreme Court�s December 4, 1950 �incident to service� holding.  A judicial-legislative act that gave rise to the matter of Feres v. United States, 340 U.S. 135 (1950) or "Feres Doctrine Rule of Law".

As the facts and circumstances now show�the Feres doctrine has been the law of the land for nearly 63-years as of this petition's revision.  Said judicial-decision has allowed for wanton and egregious wrongful acts and omissions within our military�s command, legal and medical systems to include, but not limited to: (1), Murders; (2), Rapes; (3), Human experimentation in violation of the Nuremberg Code, (e.g., Atomic Testing, LSD, Anthrax); (4), Intentional exposure to deadly chemicals and unapproved FDA�drugs (e.g., Agent Orange, Gulf War I�Syndrome exposures such as Depleted Uranium (DU) and (MFI)); (5), intentional violations of the Uniform Code of Military Justice (UCMJ) such as: (a), Falsification of official documents, (b), Abuse of power, (c), Undue command influence; (6), Abuse of the military�s mental health system and administrative discharge processes to silence and discredit service-members who expose corruption (�fraud, waste and abuse or dangers to the public health and welfare�) in violation of the Inspector General (IG) Act and Military Whistleblower [Reprisal] Protection Act (MRPA); and most critical for all Veterans and families�(7) the intentional and deliberate violations of the �Feres Doctrine Mandate (FDM) that compels the Department of Veterans Affairs to timely address, refer, diagnose, treat and compensate ALL incident to service injuries denied redress under the Federal Tort Claims Act (FTCA) of 1946.  

If the Feres Doctrine Rule of Law is truly constitutional, than all �incident to service� injuries and illnesses of U.S. Armed Forces personnel must be provided absolute and complete accounting during the servicemember�s�medical discharge processing under the statutory guidelines of the military�s Disability Evaluation System (DES)/Medical & Physical Evaluation Boards (�MEBs/PEBs�) processes.  Anything less is a direct violation of the FDM and has and will continue to result in post-military years of emotional and financial hardships of honorably discharged Americans and their families�under the Veterans Benefits Act (VBA), Title 38 United States Code, et seq.  The VBA is suppose to ensure a "smooth transition" for Veterans into civilian life and under the FDM it is being willfully violated by DVA without fear of accountability due to the DOJ's misuse of American tax dollars to cover up crimes and injuries against U.S. service-members arising on active duty in the U.S. military.  Said fact is evident by the plight of the initial�victims of the doctrine�The National Association of Atomic Veterans (�NAAV�) and their decades of struggles within the DVA to date.

Whereas, General George Washington�our nation�s first Commander-in-Chief and President proclaimed during a visit to the New York Legislature in 1775: �When we assumed the Soldier, we did not lay aside the Citizen� applies equally today, as in the beginning of our Republic.  It is the foundational legal argument giving force behind this petition;

Whereas, the Feres doctrine�s �incident to service� holding is unconstitutional as the holding is judicial�legislation; Whereas, the Feres doctrine�s �incident to service� holding is contrary to the preservation of �good order and discipline� and �national security� as the countless injuries and injustices arising from grossly negligent and criminal acts or omissions of federal employees denied redress in the federal court system�only fosters abuse of power in the DOD/Military;

Whereas, I strongly disagree and oppose the Feres-Court�s finding in its Feres decision that �[t]his Court, in deciding claims for wrongs incident to service under the Tort Claims Act, cannot escape attributing some bearing upon it to enactments by Congress which provide systems of simple, certain, and uniform compensation for injuries or death of those in armed services� and thus�the high court�s �Feres Doctrine Mandate� that the �VBA� provides justice to all servcie-members and their families�is a position that must be reviewed by the U.S. Congress based upon the 1950 high court�s proclamation surrounding the FTCA that �[t]here are few guiding materials for our task of statutory construction. No committee reports or floor debates disclose what effect the statute was designed to have on the problem before us, or that it even was in mind. Under these circumstances, no conclusion can be above challenge, but if we misinterpret the Act, at least Congress possesses the "ready remedy." (emphasis added);

Whereas, the inequities of the Feres doctrine relegates American service-members and family members �second-class� citizens under the U.S. Constitution and Bill of Rights; as identified by the following congressional documents: (1), The Rockefeller Senate VA Report of December 1994, recognizing the doctrine allows uninformed consent human experimentation of Americans; (2), The Judge Walter Cox III and his Commission�s Report on the 50th Anniversary of the Uniform Code of Military Justice (UCMJ), (3), The October 8, 2002, Senate Judiciary Hearings on the Feres Doctrine that fell far short of its expected outcome for the �ready remedy� holding of the high court to be invoked and the doctrine�s inequities addressed and for which gave rise to (4), The VERPA Act of 2003 and this petition in support of the Act's 2008 grassroots proposed legislation;

Whereas, the dissenting opinion of U.S. Supreme Court Justice Scalia who stated in the matter of United States v. Johnson, (1987) and the last time the high court revisited the Feres doctrine subject matter and he proclaimed: �Congress�s inaction regarding this doctrine and its doing little, if anything in the way of modifying it to prevent Constitutional claims is clearly unjust and irrational. Again, allowing such power to military leaders can and does result in abuse therefore, where are the checks and balances on the military.�; Whereas, the V'ERPA Renewed National Petition and �Feres Doctrine Mandate (FDM) & Right To Know (RTK) Project will (1), restore the �separation of powers,� �equal protection� and �due process� clauses of the United States Constitution, (2), ensure, American combat Veterans and other service-members injured "incident to military service" are afforded expeditious and equitable disability ratings and compensation prior to being released from active duty during the military�s DES and for other purposes.

Please initiate House and Senate joint-congressional Armed Services and Veterans Affairs hearings to reform or abolish the Feres doctrine. Copyright � 2007-2013 V'ERPA/HOVAI Inc. //END OF PETITION//

REV 1:  July 23, 2013

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