Judge Brantley has violated several laws in his recent ruling and I feel it is not only my duty but also my obligation as a citizen to ensure that this does not happen again to another individual.
North Carolina is home to Seymour Johnson Air Force Base, Pope Air Force Base, Fort Bragg, Cherry Point MCAS, and Camp Lejune. It has always been my understanding that North Carolina appreciates its soldiers and the sacrifices that they have made towards the stability and security of our country. Judge David Brantley, with his illegal order, does not reflect this sentiment.
I am a disabled Veteran of the 1991 Gulf War. I served my country with the 5th Cavalry, 3rd Armored Division. My unit was stationed in Germany but was deployed to Iraq from Germany. So, I never got to say goodbye to my family and friends here in North Carolina. Had I been killed, there certainly would not have been any closure. I currently receive disability from the Department of Veterans Affairs and the Social Security Administration. I will take medication for the rest of my life, and I see a physician several times a month for treatment. I am unable to work due to my injurious.
This year, I was involved in a bitter divorce. My ex-wife, who is healthy, able-bodied, and capable of getting a second (or third) job if necessary, chose to attack me and lay a claim to a portion of my Veterans Disability. Research provided me with the evidence that, although military retirement was an asset, military disability is not a marital asset. It is a compensation for something lost, and thus, not a divisible asset in a divorce. United States Code 38, Title 5301 clearly prohibits assignment, levy, or seizure of Veterans Benefits.
On 14 June I received a reply to a letter which I had written to the NC General Assembly. Again, I was told that disability pay was not divisible (copy enclosed). When I went to court, I was sure that Judge Brantley would rule in accordance with Federal Law. However in my case he chose to award my Ex-wife a portion of my disability benefits. Since I have no income that is not disability, Judge Brantley's award is a clear violation of both Title 38 and the Veterans Benefits Protection Act of 2003 (VBPA). During my hearing, I advised Judge Brantley that his ruling was a direct and obvious violation, both to the letter of the law, and to the spirit of the law. Judge Brantley informed me He did not need a law lesson. Furthermore, when Judge Brantley was made aware that I was receiving both VA disability and Social Security Disability, he made it obvious with his comments that he believed I was doing something illegal or shady. And, why would I not be entitled to both VA disability and SSA disability? I have earned BOTH. I worked and paid taxes into the Social Security System and later I went further by serving my country in wartime, which most citizens have not done. So why should I not be entitled to more for earning more? My source of disability is of no concern to Judge Brantley. It is a entitlement decided by two unrelated agencies, as his personal opinion of social security or V. A disability recipients should have no bearing on a divorce case.
David Brantley has made it obvious that he has some bias against disabled soldiers or some dislike of individuals on social security disability, or both. He has plainly and clearly stated that he does not need a lesson in law. Therefore we can only assume that his ruling was with intent and was a willful violation of both Title 38 and the VBPA and not just a ruling based on ignorance of these statutes. Judge Brantley has issued a ruling, which is illegal and unenforceable. Except for rogue judges like David Brantley, we would not need Congress to clarify Title 38 with such Acts as the VBPA. Furthermore, the Department of Veterans Affairs already has a system in place for support of children and spouses. Enclosed you will find a copy of the decision made by the Department of Veterans Affairs, which clearly states that my ex-wife is not entitled to a portion of my disability. Judge Brantley has decided that he knows better than the Department of Veterans Affairs when it comes to Veterans Benefits and has decided, in violation of Title 38 and the VBPA that he has the authority to second-guess the Department of Veterans Affairs and give my ex-spouse, whom I did not even know when I was in Iraq, who is able to work, who owns assets exceeding $95,000 in value, and who has never served one day in the military, funds that are intended for support of Americas Disabled Veterans and for Veterans Services. I might add that it comes to no surprise that David Brantley never served in uniform either.
I find it no great surprise that the Department of Veterans Affairs has announced a several billion-dollar shortfall in its new budget. When funds are earmarked for Veterans services and Veterans benefits, but yet are taken by judges to pay for non-veterans awards, then funds from other sources must be used to compensate for the difference, or the service must be eliminated. When our judges can rule contrary to the written law, can admit that they know they did it, and can hold a person in contempt for not complying with an illegal and unenforceable ruling, then it is time that these judges be censured or removed from their office.
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