VIEW FROM THE CHARTHOUSE

by Dennis Egge
President, Board of Directors
American Retirees Association

November 11, 2006

When the US Supreme Court struck down California's self-proclaimed right to divide Uniformed Service Personnel retired from active duty pay as jointly earned property, on 26 June 1981, the dissenting Justices advised the 97th Congress "this could create some hardships". That admonition amounted to an opportunity the 97th Congress simply could not refuse, and the 1983 National Defense Authorization Act Joint Conference decided Uniformed Service Personnel Retired from Active Duty Pay should be transformed into jointly earned marital property.

For the past 25 years, we've asked why "State courts care nothing for service members nor veterans" when, in fact, they never really could. The 97th Congress had much bigger fish to fry, when it undermined the US Supreme Court's McCarty decision. Implementing USFSPA on 25 June 1981 reassured California, and other like-minded States, where community property principles in divorce were aggressively pursued, by including Uniformed Service Personnel in the targeted audience. I see absolutely nothing inexplicable about that line of reasoning. . . .

While we call for USFSPA repeal (aka judicial reform), Uniformed Service spouses stalk and ambush their Uniformed Service sponsors in family court, with Congress permission. Uniformed Service Personnel employeers stand "innocently" by to avoid culpability; taking sides in this issue is clearly a lose-lose proposition. Am I the only one who can imagine how ineffective USFSPA would be today, if all targeted personnel were thoroughly trained and equipped to deal effectively with its clear and present threat? Armed with that information they will finally be able to make informed choices, regarding their nation's call to arms as a profession, while married. If the employers are not willing to provide this training, I believe our Charter demands it.

Still serving proudly, Dennis Egge; President, BOD