On-line Petition to STOP THE DRAFT (S89)

To:  House Senate Judiciary Committee

VOICE FOR VETERANS SERVICES
PO Box 668
Sunset Beach, CA 90742
Voiceforveterans@aol.com
RE:Universal National Service Act of 2003
On-line Petition to STOP THE DRAFT (S89)
"Son's and Daughters Drafted into being Victims of the Feres Doctrine"

Whereas, The most familiar, and arguably, the most unfair, exception to the FTCA, is known as the FERES (pronounced "fairies") doctrine, which takes its name from an old United States Supreme Court decision, FERES v. U.S, 340 U.S. 135 (1950). Under the FERES doctrine, members of the United States armed forces are barred from making a claim against the United States for personal injury or death arising "incident to service." Military medical treatment received by a service member, while he/she is on active duty has been held by the courts to be "incident to service," and, thus not actionable, even if that treatment was for a purely elective procedure, and even if the procedure was performed negligently. The FERES doctrine has also been applied to bar cases by service members in which the negligence, such as being exposed to Agent Orange, occurred while the service member was on active duty, but, where the injury did not become apparent until many years after the service member had been discharged. Military dependents are not barred by the FERES doctrine from bringing a claim for the physical injuries they, themselves, have suffered as a result of medical malpractice. Nor are military retirees barred by the FERES doctrine from bringing a medical malpractice claim for injuries suffered after their retirement, even if the medical treatment they received was for a service connected injury.

Whereas, There are two levels of healh care in the Armed Services because of the Feres Doctrine. Those that are enlisted as Officers recieve All of the Medical Care due to the fact that they are not Bared or Banned from medical malpractice claims to the Government. Those that are enlisted or drafted for short term E-9 and down in rank recieve NO Medical Care and are often forced to preform duties with serious injuries that occasionally cause Death when medical care is denied.

Whereas, RECORDS OF ANTHRAX VACCINE ARE NOT SUITABLE TO EVALUATE SAFETY. Although anthrax vaccine had been considered approved prior to the Persian Gulf War, it was rarely used. Therefore, its safety, particularly when given to thousands of soldiers in conjunction with other vaccines, is not well established. Anthrax vaccine should continue to be considered as a potential cause for undiagnosed illnesses in Persian Gulf military personnel because many of the support troops received anthrax vaccine, and because the DOD believes that the incidence of undiagnosed illnesses in support troops may be higher than that in combat troops. (Note 143) Unfortunately, medical records and shot records of individuals who served in the Persian Gulf frequently do not report the vaccines they received. In some cases, anthrax was recorded as "Vac-A." However, in many cases, veterans who believe they received anthrax vaccinations did not have them recorded in their medical records. According to testimony received at the Committee hearing on May 6, 1994, vaccines were recorded in separate vaccine records, for soldiers who had such records with them and insisted that the information be recorded. (Note 144)

Whereas, Universal National Service Act of 2003 (Introduced in Senate)
S 89 Should never be introduced to save American Lives from the Gross Crimianl Neglect of the Feres Doctrine

Whereas, Rumsfeld opposes the effort, and sought to explain why. "If you think back to when we had the draft, people were brought in; they were paid some fraction of what they could make in the civilian manpower market because they were without choices," he said. "Big categories were exempted — people that were in college, people that were teaching, people that were married. It varied from time to time, but there were all kinds of exemptions. "And what was left was sucked into the intake, trained for a period of months, and then went out, adding no value, no advantage, really, to the United States armed services over any sustained period of time, because the churning that took place, it took enormous amount of effort in terms of training, and then they were gone,"

Whereas, Kent State Shootings, anti-Vietnam War confrontation between National Guardsmen and police and Kent State University students on May 4, 1970 following President Nixon’s decision to invade Cambodia. Four students were killed in the shootings and 11 persons were injured
Microsoft® Encarta® Encyclopedia 2002. © 1993-2001 Microsoft Corporation. All rights reserved.

Be it Resolved That this is a Human Rights issue and untill the Armed Forces is clear of all wrong doing from the Feres Doctrine. Striping enlisted Soliders of their rights to second class citizen's and causing Medical Malpractice leading to death and gross criminal negligence from past and present wars, Our Country has to Stop All Draft Bills untill all claims of such gross criminal negligence are Resolved with each and every service member that has been violated by the Feres Doctrine. Starting off by Abolishing the Feres Doctrine before anymore American lives are taken because of the Draft by Medical Malpractice in Military Hospitals.

Rusty Rustan
Founder of VFVS
www.vfvs.com

Sincerely,

The Undersigned

The On-line Petition to STOP THE DRAFT (S89) Petition to House Senate Judiciary Committee was created by Voice For Veterans Services and written by Robin J. Rustan (Rusty) .  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.

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