(Re Milinet)
Charleston (SC) Post and Courier
March 12, 2000
Court Hears Military Health Care Appeal
By Terry Joyce
"Ecstatic!" was the word a retired Air Force colonel used to
describe
his reaction to a court hearing in Washington, D.C., last week
on the
issue of free health care for over-65 military retirees.
"Bud (retired Air Force Col. George 'Bud' Day) was dancing on
air
when we walked out of the courtroom," retired Air Force Col. Bob
Geasland said. "He believes the court will (act) in our favor."
Geasland is a spokesman for the Florida-based retirees who call
themselves A Class Act. The name comes from a desire to convert
their
suit into a class-action complaint.
Day, a Medal of Honor recipient, is their lead attorney.
The retirees sued the government more than two years ago for
breach
of contract over the loss of free health care in military
hospitals
and clinics. A lower court turned the retirees down. They
appealed,
and the U.S. District Court of Appeals in Washington heard the
case
last week.
The government has argued that no contract exists between the
retirees and the military because there was no legislation on
the
books that required the military to provide the care.
The retirees say otherwise, especially for those who served
before
June 7, 1956. That's when Congress first authorized care on a
"space-available" basis.
"We have plenty of evidence showing where Navy hospitals were
required to care for retirees on the same basis as activeduty
sailors," Geasland said. Moreover, "Secretary of Defense
(William)
Cohen has already admitted the promise was made."
Still, he figures the government attorneys in the case were at a
disadvantage when they walked in the door.
Three judges listened to the arguments. One judge, Geasland
said, is
a West Point graduate while another was once a Navy recruiter.
Geasland said the former recruiter asked the government lawyers
if he
was committing perjury when he was "passing along those false
promises" about free health care for life.
Another comment from a judge: Because you offered the promise
for a
long time and the government did nothing to counter that, it
makes it
much like a contract.
Geasland said a female judge on the panel asked if there was any
legal difference between health care and commissary privileges.
"Aren't they both perks of office?" she said.
The decision on the appeal probably won't be known for months.
Regardless of who wins, the ruling likely will be appealed again
to
the U.S. Supreme Court.
Geasland said Day wore his Medal of Honor lapel button as he
stood
before the judges.
"Bud told them a promise was made to a bunch of old patriots who
gave
their all under that promise. Then, when it got expensive, the
government reneged. And then he sat down."
The key to military health care often is access. Folks who have
access to the system, known as Tricare, seem to be pleased.
A case in point. The Charleston Naval Hospital recently received
runner-up honors in the Tricare Access Award in the Community
Military Treatment Facility category for Defense Department
clinics
and hospitals.
Cmdr. Maryalice Morro, a hospital spokeswoman, said the award is
based on reports from enrolled beneficiaries describing their
satisfaction. Charleston's naval hospital was the only Navy
facility
in the nation recognized in this category.
The hospital has had a 13 percent increase in Tricare enrollment
since 1998. The hospital's partnership with Trident Regional
Medical
Center has improved the appointment system and access to care.
As a result of that partnership, military who need to be
admitted as
in-patients now go to Trident. Hospital admissions have
increased by
53 percent, Morro said, and outpatient visits by 5 percent.
Again, the key is access.
I'm sure last week's announcement that the Army will limit to
179
days the time reservists must spend on future overseas
deployments
comes as welcome news to many.
Trouble is, the new policy may have little effect on the actual
amount of time many reservists will spend away from home.
The reason? The 179-day limit only affects the overseas portion
of a
call-up. The Army still can order reservists to active duty,
have
them spend weeks in training at a state-side base, then send
them
overseas for 179 days.
For example, the S.C. Army National Guard's 1st Battalion, 151st
Aviation, was called to active duty last summer for a deployment
to
Kuwait. The unit spent 182 days overseas, only three days more
than
the new policy allows.
But the Guardsmen were called up for training at Fort Stewart,
Ga.,
for 50 days before they left the United States. The
pre-deployment
training wouldn't be covered under the new policy, Guard
spokesman
Maj. Pete Brooks said.
Under present law, the president can order reservists to active
duty
for 270 days.
"I would anticipate that our orders will still be cut for 270
days,"
Brooks said.
The only S.C. National Guard unit currently deployed overseas is
the
four-member team from the Army Oil Analysis Program. The team
departed for Macedonia last summer from its home base at the
Army's
Combat Equipment Group, Asia, at the Charleston Naval Weapons
Station.
The team expects to return home Wednesday, Brooks said.
Terry Joyce reports on the military.
--------------------
Charleston (SC) Post and Courier
March 12, 2000
<bold><bigger>Court Hears Military Health Care Appeal
</bigger></bold>By Terry Joyce
"Ecstatic!" was the word a retired Air Force colonel used to
describe
his reaction to a court hearing in Washington, D.C., last week
on the
issue of free health care for over-65 military retirees.
"Bud (retired Air Force Col. George 'Bud' Day) was dancing on
air when
we walked out of the courtroom," retired Air Force Col. Bob
Geasland
said. "He believes the court will (act) in our favor."
Geasland is a spokesman for the Florida-based retirees who call
themselves A Class Act. The name comes from a desire to convert
their
suit into a class-action complaint.
Day, a Medal of Honor recipient, is their lead attorney.
The retirees sued the government more than two years ago for
breach of
contract over the loss of free health care in military hospitals
and
clinics. A lower court turned the retirees down. They appealed,
and the
U.S. District Court of Appeals in Washington heard the case last
week.
The government has argued that no contract exists between the
retirees
and the military because there was no legislation on the books
that
required the military to provide the care.
The retirees say otherwise, especially for those who served
before June
7, 1956. That's when Congress first authorized care on a
"space-available" basis.
"We have plenty of evidence showing where Navy hospitals were
required
to care for retirees on the same basis as activeduty sailors,"
Geasland
said. Moreover, "Secretary of Defense (William) Cohen has
already
admitted the promise was made."
Still, he figures the government attorneys in the case were at a
disadvantage when they walked in the door.
Three judges listened to the arguments. One judge, Geasland
said, is a
West Point graduate while another was once a Navy recruiter.
Geasland said the former recruiter asked the government lawyers
if he
was committing perjury when he was "passing along those false
promises"
about free health care for life.
Another comment from a judge: Because you offered the promise
for a
long time and the government did nothing to counter that, it
makes it
much like a contract.
Geasland said a female judge on the panel asked if there was any
legal
difference between health care and commissary privileges.
"Aren't they
both perks of office?" she said.
The decision on the appeal probably won't be known for months.
Regardless of who wins, the ruling likely will be appealed again
to the
U.S. Supreme Court.
Geasland said Day wore his Medal of Honor lapel button as he
stood
before the judges.
"Bud told them a promise was made to a bunch of old patriots who
gave
their all under that promise. Then, when it got expensive, the
government reneged. And then he sat down."
The key to military health care often is access. Folks who have
access
to the system, known as Tricare, seem to be pleased.
A case in point. The Charleston Naval Hospital recently received
runner-up honors in the Tricare Access Award in the Community
Military
Treatment Facility category for Defense Department clinics and
hospitals.
Cmdr. Maryalice Morro, a hospital spokeswoman, said the award is
based
on reports from enrolled beneficiaries describing their
satisfaction.
Charleston's naval hospital was the only Navy facility in the
nation
recognized in this category.
The hospital has had a 13 percent increase in Tricare enrollment
since
1998. The hospital's partnership with Trident Regional Medical
Center
has improved the appointment system and access to care.
As a result of that partnership, military who need to be
admitted as
in-patients now go to Trident. Hospital admissions have
increased by 53
percent, Morro said, and outpatient visits by 5 percent.
Again, the key is access.
I'm sure last week's announcement that the Army will limit to
179 days
the time reservists must spend on future overseas deployments
comes as
welcome news to many.
Trouble is, the new policy may have little effect on the actual
amount
of time many reservists will spend away from home.
The reason? The 179-day limit only affects the overseas portion
of a
call-up. The Army still can order reservists to active duty,
have them
spend weeks in training at a state-side base, then send them
overseas
for 179 days.
For example, the S.C. Army National Guard's 1st Battalion, 151st
Aviation, was called to active duty last summer for a deployment
to
Kuwait. The unit spent 182 days overseas, only three days more
than the
new policy allows.
But the Guardsmen were called up for training at Fort Stewart,
Ga., for
50 days before they left the United States. The pre-deployment
training
wouldn't be covered under the new policy, Guard spokesman Maj.
Pete
Brooks said.
Under present law, the president can order reservists to active
duty
for 270 days.
"I would anticipate that our orders will still be cut for 270
days,"
Brooks said.
The only S.C. National Guard unit currently deployed overseas is
the
four-member team from the Army Oil Analysis Program. The team
departed
for Macedonia last summer from its home base at the Army's
Combat
Equipment Group, Asia, at the Charleston Naval Weapons Station.
The team expects to return home Wednesday, Brooks said.
Terry Joyce reports on the military.
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