Combat Disabled Veteran Has No Constitutional Rights

by Jere Beery

Sergeant Major Paul Cousins, from Stockbridge, Georgia, served for 27 years in the United States Army. He was awarded 3 Purple Hearts for wounds received in combat during the 2 tours he served in Vietnam.

Paul Cousins is a highly decorated combat disabled veteran with a distinguished military service record who has shed his blood protecting the principles and standards this country stands for. One can only imagine the pain and dishonor this proven American Patriot felt when he was told by a civil court judge that he had no Constitutional Rights in his court room.

Paul Cousins is one of the growing numbers of former military personnel faced with a broken marriage and divorce. Some studies indicate military personnel are 3 times likely to suffer a failed marriage, than non-military.

Sergeant Major Cousins was married for 14 years to a German National who is not a United States citizen. They had no children together. Cousins was not married at the time he was disabled from combat wounds in Vietnam. Yet, this combat disabled veteran was ordered to pay spousal support to his ex-wife directly from his earned disability compensation.

Superior Court, Judge Douglas C. Pullen, presided over the case of Cousins during a contempt of court hearing. A copy of a notarized statement signed by Sergeant Major Paul Cousins of some of the statements that took place in Judge Pullen’s courtroom for that contempt of court hearing in October 2005 can be found attached to this press release.

In the statement, when Sergeant Major Cousins refers to the Federal Regulations which protect his disability compensation from third party awards, Judge Pullen is quoted to say;

“WHEN I WAS ELECTED TO SIT ON THIS BENCH, I STOPPED READING THEM. I DO NOT HAVE TO ABIDE BY ANY FEDERAL OR GOVERNMENT LAW, BECAUSE I AM THE LAW. THIS IS MY COURTROOM AND I CAN DO ANYTHING I WANT TO IN HERE, DO YOU HEAR ME SERGEANT MAJOR? IN MY COURTROOM YOU HAVE NO CONSTITUTIONAL RIGHTS. I AM THE CONSTITUTIONAL LAW AND I DO WHAT EVER I WANT TO IN HERE.”

Operation Firing For Effect National Chairman, Gene Simes says his organization is currently monortoring 38 simular cases where veterans’ disability compensation has been misused as a divisable asset in a divorce settlement.

According to Simes, Judge Pullen’s comments are totally unacceptable and Judge Pullen needs to be removed from the bench as soon as humanly possible. Simes is calling for Judge Pullen to step down immeately. “This renagade judge owes Sergeant Major Cousins an appoligy, and I am personnaly going to do everything in my powere to make certain he recieves it.” Simes stated.

Sergeant Major Cousins was ordered to pay his ex-wife $550 a month directly from his VA disability compensation, or go to jail for contempt.

Send your comments to:

Chattahoochee Circuit
Judge Douglas Pullen
P.O. Box 1340
Columbus, GA 31902
Work Phone: 706-653-4273

COUSINS DIVORCE CASE BACKGROUND:

Paul Cousins was ordered in February 1998, by Judge Douglas C. Pullen to pay his former spouse $550 per month from his Military Disposable Retirement Pay. This action is in accordance with USC, Title 10, Section 1408. This Federal Law stated that States courts/judges can only award up to 50% of a military disposable retirement pay and NOT any disabilities compensation.

In July 2003, Cousins came down with prostate cancer, which was caused from Agent Orange from combat in Vietnam. At that time the VA awarded Cousins 100% disability compensation. That action changed his military retirement pay to Combat-Related Special Compensation (CRSC). Now CRSE is a DOD compensation to retired veterans that suffered their wounds in combat. CRSC is a tax-free compensation and it is NOT subject to the Former Spouse Protection Act of USC, Title 10, Section 1408.

In October 2005 his former spouse filed a Contempt of Court order, after waiting for two (2) years after DOD stopped paying her the $550 per month. The DOD stated that she was no longer authorized any of his disability compensation. It was during the Contempt of Court hearing in October 2005 when Judge Pullen made those unjust statements in a US Courtroom.

To learn more about this issue, visit; http://jerebeery.com/5301%20Club.htm

Jere Beery
OFFE National Public Relations Director
jerebeery@aol.com

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