I encourage you to read the article dated September 3rd which can be found at the following site. It is brief and will take only a moment of your time to read. http://www.military.com/news/article/judge-overturns-nebraska-flag-mutilation-ban.html?ESRC=eb.nl (If you Google the title, you will find more articles that read almost the same.)

If you can read this and then turn your mind to something else and not give this article a second thought, then you must be less complicated than am I. When I read things like it is okay to burn or desecrate or spit on our beautiful flag of the United States of America because that is a form "protected speech", my first reaction is a major case of nausea followed by a whole lot of you have to be kidding me!

Our flag was previously protected by law. That was back in a time when people still used manners, addressed elders appropriately, crime rates were much lower and kids could still safely ride their bikes in their neighborhoods.

Flash forward to nowadays, when doors must be locked, kids are not safe on most streets, crime rate is sky rocketing, road rage is an everyday event, people show very little respect for others, etc., and the law exists to "unprotect" our emblem of freedom - so protesters can trample on the flag whenever they feel like throwing a tantrum because something is not going the way they want it.

According to Wikipedia:
http://en.wikipedia.org/wiki/Freedom_of_speech_in_the_United_States

"Flag desecration has continually, albeit controversially, been protected by the First Amendment, despite state laws to the contrary. A Constitutional Amendment has been introduced to contravene the First Amendment's protection on flag burning, but it has failed to acquire the requisite enactment by the states.

Despite the exceptions, the legal protections of the First Amendment are some of the broadest of any industrialized nation, and remain a critical, and occasionally controversial, component of American jurisprudence."

About.com has a great outline of legislative actions that have been made to protect Old Glory that is an easy read and would make for a terrific family focus one evening instead of the TV. you can find this at http://civilliberty.about.com/od/freespeech/p/flagburning.htm

Are we prepared to do what it takes to protect our flag's existence and honor? I would almost bet if this project was turned over to schoolchildren across the country, they might do a better job than have some adults.

Discussion with Disabled Vet Jerry Bohr on September 4th before reporting to jail in http://www.stardustradio.info/downloads/offespecialreport090410.mp3

History: We have brought you the story of Jerry Bohr, a Disabled Veteran (60%) who also serves as an Iowa state Veteran Service Officer and how he has been ordered to jail for "Contempt of Court" in his divorce case where the Freeborn County judge has ordered his Disability Pay to be used as a divisible asset. The sentence was handed down 2 weeks ago by Judge Richard D. Stochl, 1st Judicial District Court of Iowa, for noncompliance of a previous child support order. It is this previous order which has led to Bohr’s incarceration. Jerry Bohr refused to comply with his divorce settlement agreement which wrongly calculated his VA disability compensation into his divorce as ‘income’ and therefore a ‘divisible asset’. Bohr was found in contempt of court for not honoring the attachment of his veteran’s benefits to his divorce settlement, now Jerry Bohr is on his way to jail. According to Federal Code this practice by state court judges is a violation of the Federal laws which protect veteran’s benefits from the claim of creditors, from attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.

Status: Jerry Bohr of Ossian, Iowa was ordered to jail on September 4th to begin his 30 day sentence. If he does not agree to the judge's ruling within that time period, the sentence will turn into another 30 days and so on. As ordered, he did report by 5pm on September 4th.

Update: The following link will take you to a recorded conversation with Mr Bohr on September 4th before he had to appear at the jail at 5pm Central. We encourage all who are concerned for our Disabled Veterans to listen to the recording and to keep up to date on this most important issue of "Federal Code 5301". It is often the Disability Pay, earned by giving up one's health in the service of our country, that is the only income a Disabled Vet has and is the only thing that may keep a roof over their head.

Discussion with Disabled Vet Jerry Bohr on September 4th before reporting to jail in http://www.stardustradio.info/downloads/offespecialreport090410.mp3

Keep up to date on this and the other one hundred and four Disabled Veteran cases currently being followed with www.offe2008.org in the "Area 5301" section.

I am the Flag
by Ruth Apperson Rous

I am the flag of the United States of America.

I was born on June 14, 1777, in Philadelphia.

There the Continental Congress adopted my stars and stripes as the national flag.

My thirteen stripes alternating red and white, with a union of thirteen white stars in a field of blue, represented a new constellation, a new nation dedicated to the personal and religious liberty of mankind.

Today fifty stars signal from my union, one for each of the fifty sovereign states in the greatest constitutional republic the world has ever known.

My colors symbolize the patriotic ideals and spiritual qualities of the citizens of my country.

My red stripes proclaim the fearless courage and integrity of American men and boys and the self-sacrifice and devotion of American mothers and daughters.

My white stripes stand for liberty and equality for all.

My blue is the blue of heaven, loyalty, and faith.

I represent these eternal principles: liberty, justice, and humanity.

I embody American freedom: freedom of speech, religion, assembly, the press, and the sanctity of the home.

I typify that indomitable spirit of determination brought to my land by Christopher Columbus and by all my forefathers - the Pilgrims, Puritans, settlers at James town and Plymouth.

I am as old as my nation.

I am a living symbol of my nation's law: the Constitution of the United States and the Bill of Rights.

I voice Abraham Lincoln's philosophy: "A government of the people, by the people, for the people."

I stand guard over my nation's schools, the seedbed of good citizenship and true patriotism.

I am displayed in every schoolroom throughout my nation; every schoolyard has a flag pole for my display.

Daily thousands upon thousands of boys and girls pledge their allegiance to me and my country.

I have my own law—Public Law 829, "The Flag Code" - which definitely states my correct use and display for all occasions and situations.

I have my special day, Flag Day. June 14 is set aside to honor my birth.

Americans, I am the sacred emblem of your country. I symbolize your birthright, your heritage of liberty purchased with blood and sorrow.

I am your title deed of freedom, which is yours to enjoy and hold in trust for posterity.

If you fail to keep this sacred trust inviolate, if I am nullified and destroyed, you and your children will become slaves to dictators and despots.

Eternal vigilance is your price of freedom.

As you see me silhouetted against the peaceful skies of my country, remind yourself that I am the flag of your country, that I stand for what you are - no more, no less.

Guard me well, lest your freedom perish from the earth.

Dedicate your lives to those principles for which I stand: "One nation under God, indivisible, with liberty and justice for all."

I was created in freedom. I made my first appearance in a battle for human liberty.

God grant that I may spend eternity in my "land of the free and the home of the brave" and that I shall ever be known as "Old Glory," the flag of the United States of America.

We talk frequently on United We Roll about the incredible impression that flying Old Glory on your home or business can make. It is a message of loyalty, unity, patriotism and gratitude to those who have served under that flag to preserve our country and our freedom. Yes, it includes those who have come home under our flag, too.

After our country was attacked on September 11th and we saw the horrors that occurred in NYC, Washington DC and in a field in PA, you could not find a flag to buy anywhere. The stores were sold out of every size and style of Old Glory. The newspapers resorted to printing a full sheet sized flag so Americans could tape them to their homes, windows, etc. Every neighborhood, every street was bathed in red, white and blue.

We should be flying our flags everyday - and especially as the anniversary of September 11th is just around the corner. Get your flag out and make sure it is in proper condition to fly it. If you cannot find your flag or you need to replace it, please do so right away. If you cannot remember the flag etiquette - or rules - for flying our beautiful Stars & Stripes, I am posting it below. If you cannot fly a flag, then put a smaller one in your window or on your porch. Show your love for our country and our freedom.

We are so very blessed to be living in this great country. We hear this every week as we speak with military members who travel the world and see how fortunate we are in comparison to so many other places. Let us continue to be proud - proud of our forefathers, proud of our accomplishments, proud of our roots and proud of being Americans!

God Bless the USA and All Who Protect Her!

Flag Etiquette*
This information is compliments of http://www.usflag.org/flagetiquette.html
This site contains much more information on flying the flag, history of the flag and more.

Raising and Lowering the Flag

The flag should be raised briskly and lowered slowly and ceremoniously. Ordinarily it should be displayed only between sunrise and sunset.
It should be illuminated if displayed at night.

The flag of the United States of America is saluted as it is hoisted and lowered. The salute is held until the flag is unsnapped from the halyard or through the last note of music, whichever is the longest.

Displaying the Flag Outdoors

When the flag is displayed from a staff projecting from a window, balcony, or a building, the union should be at the peak of the staff unless the flag is at half staff.

STANDARDS of RESPECT

The Flag Code, which formalizes and unifies the traditional ways in which we give respect to the flag, also contains specific instructions on how the flag is not to be used. They are:
• The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal.
• The flag should not be used as a drapery, or for covering a speakers desk, draping a platform, or for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top.
• The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff or halyard
• The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations.
• The flag should never have placed on it, or attached to it, any mark, insignia, letter, word, number, figure, or drawing of any kind.
• The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.

When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag it should be folded neatly and ceremoniously.

The flag should be cleaned and mended when necessary.

When a flag is so worn it is no longer fit to serve as a symbol of our country, it should be destroyed by burning in a dignified manner by a proper authority. Note: Most American Legion Posts regularly conduct a dignified flag burning ceremony, often on Flag Day, June 14th. Many Cub Scout Packs, Boy Scout Troops, and Girl Scout Troops retire flags regularly as well. Contact your local American Legion Hall or Scout Troop to inquire about the availability of this service.

Okay, so what is USC, Title 38, 5301? It is part of the USC (United States Code) that protects Disability Pay for a Veteran who was injured while on duty. It states in ...(a) (1) "Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary." .....and goes on from there. The full code copied from the house.gov site is enclosed below.

This law goes waaay back and is intended to protect injured service members who are disabled so that they will have the medical care/medicines/treatments they need and so they can keep a roof over their heads and food in the pantry. But, as you can see by the date below, this was also reviewed by the House as late as 02/01/10.

A couple of good sites to see some good explanations of 5301 are:

http://www.vfwwebcom.org/forum/index.php/topic,3855.msg20526.html - VFW (Veterans of Foreign Wars) and

http://www.usdr.org/index.php?option=com_content&task=view&id=122&Itemid=26 - USDR (Uniformed services Disabled Retirees)

As stated in an earlier post, the OFFE/VFVC organizations are following about 40 cases involving both disabled service men and women. Some are being jailed for Contempt if they try to quote 5301 and protect their Disability Pay. A good site to follow this progress is www.offe2008.org and go to the Area 5301 page. YOU can help with each of these cases by contacting the court involved and registering your disapproval of the failure to recognize and follow USC, Title 38, 5301.

Thank You & God Bless You!

http://uscode.house.gov/download/pls/38C53.txt - Fed Law 5301 From House Records

CITE-
38 USC Sec. 5301 02/01/2010

-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-
Sec. 5301. Nonassignability and exempt status of benefits

-STATUTE-
(a)(1) Payments of benefits due or to become due under any law
administered by the Secretary shall not be assignable except to the
extent specifically authorized by law, and such payments made to,
or on account of, a beneficiary shall be exempt from taxation,
shall be exempt from the claim of creditors, and shall not be
liable to attachment, levy, or seizure by or under any legal or
equitable process whatever, either before or after receipt by the
beneficiary. The preceding sentence shall not apply to claims of
the United States arising under such laws nor shall the exemption
therein contained as to taxation extend to any property purchased
in part or wholly out of such payments. The provisions of this
section shall not be construed to prohibit the assignment of
insurance otherwise authorized under chapter 19 of this title, or
of servicemen's indemnity.
(2) For the purposes of this subsection, in any case where a
payee of an educational assistance allowance has designated the
address of an attorney-in-fact as the payee's address for the
purpose of receiving a benefit check and has also executed a power
of attorney giving the attorney-in-fact authority to negotiate such
benefit check, such action shall be deemed to be an assignment and
is prohibited.
(3)(A) This paragraph is intended to clarify that, in any case
where a beneficiary entitled to compensation, pension, or
dependency and indemnity compensation enters into an agreement with
another person under which agreement such other person acquires for
consideration the right to receive such benefit by payment of such
compensation, pension, or dependency and indemnity compensation, as
the case may be, except as provided in subparagraph (, and
including deposit into a joint account from which such other person
may make withdrawals, or otherwise, such agreement shall be deemed
to be an assignment and is prohibited.
( Notwithstanding subparagraph (A), nothing in this paragraph
is intended to prohibit a loan involving a beneficiary under the
terms of which the beneficiary may use the benefit to repay such
other person as long as each of the periodic payments made to repay
such other person is separately and voluntarily executed by the
beneficiary or is made by preauthorized electronic funds transfer
pursuant to the Electronic Funds Transfers Act (15 U.S.C. 1693 et
seq.).
(C) Any agreement or arrangement for collateral for security for
an agreement that is prohibited under subparagraph (A) is also
prohibited and is void from its inception.
(b) This section shall prohibit the collection by setoff or
otherwise out of any benefits payable pursuant to any law
administered by the Secretary and relating to veterans, their
estates, or their dependents, of any claim of the United States or
any agency thereof against (1) any person other than the indebted
beneficiary or the beneficiary's estate; or (2) any beneficiary or
the beneficiary's estate except amounts due the United States by
such beneficiary or the beneficiary's estate by reason of
overpayments or illegal payments made under such laws to such
beneficiary or the beneficiary's estate or to the beneficiary's
dependents as such. If the benefits referred to in the preceding
sentence are insurance payable by reason of yearly renewable term
insurance, United States Government life insurance, or National
Service Life Insurance issued by the United States, the exemption
provided in this section shall not apply to indebtedness existing
against the particular insurance contract upon the maturity of
which the claim is based, whether such indebtedness is in the form
of liens to secure unpaid premiums or loans, or interest on such
premiums or loans, or indebtedness arising from overpayments of
dividends, refunds, loans, or other insurance benefits.
(c)(1) Notwithstanding any other provision of this section, the
Secretary may, after receiving a request under paragraph (2) of
this subsection relating to a veteran, collect by offset of any
compensation or pension payable to the veteran under laws
administered by the Secretary the uncollected portion of the amount
of any indebtedness associated with the veteran's participation in
a plan prescribed in chapter 73 of title 10.
(2) If the Secretary concerned (as defined in section 101(5) of
title 37) has tried under section 3711(a) of title 31 to collect an
amount described in paragraph (1) of this subsection in the case of
any veteran, has been unable to collect such amount, and has
determined that the uncollected portion of such amount is not
collectible from amounts payable by that Secretary to the veteran
or that the veteran is not receiving any payment from that
Secretary, that Secretary may request the Secretary to make
collections in the case of such veteran as authorized in paragraph
(1) of this subsection.
(3)(A) A collection authorized by paragraph (1) of this
subsection shall be conducted in accordance with the procedures
prescribed in section 3716 of title 31 for administrative offset
collections made after attempts to collect claims under section
3711(a) of such title.
( For the purposes of subparagraph (A) of this paragraph, as
used in the second sentence of section 3716(a) of title 31 -
(i) the term "records of the agency" shall be considered to
refer to the records of the department of the Secretary
concerned; and
(ii) the term "agency" in clauses (3) and (4) shall be
considered to refer to such department.

(4) Funds collected under this subsection shall be credited to
the Department of Defense Military Retirement Fund under chapter 74
of title 10 or to the Retired Pay Account of the Coast Guard, as
appropriate.
(d) Notwithstanding subsection (a) of this section, payments of
benefits under laws administered by the Secretary shall not be
exempt from levy under subchapter D of chapter 64 of the Internal
Revenue Code of 1986 (26 U.S.C. 6331 et seq.).
(e) In the case of a person who -
(1) has been determined to be eligible to receive pension or
compensation under laws administered by the Secretary but for the
receipt by such person of pay pursuant to any provision of law
providing retired or retirement pay to members or former members
of the Armed Forces or commissioned officers of the National
Oceanic and Atmospheric Administration or of the Public Health
Service; and
(2) files a waiver of such pay in accordance with section 5305
of this title in the amount of such pension or compensation
before the end of the one-year period beginning on the date such
person is notified by the Secretary of such person's eligibility
for such pension or compensation,

the retired or retirement pay of such person shall be exempt from
taxation, as provided in subsection (a) of this section, in an
amount equal to the amount of pension or compensation which would
have been paid to such person but for the receipt by such person of
such pay.

Yet another disabled Hero of Freedom, who is confined to a wheel chair from duty related injury, is placed back in jail as his disability pay is pulled for use in his divorce settlement. See the following press release received Aug 31st from OFFE and keep up with these court cases at their site - www.offe2008.org in section called "Area 5301".

Joseph Dzuibak of Albert Lea Minnesota is a disabled veteran and very ill man. Dzuibak is also incarcerated in the Freeborn County jail serving a 10 day sentence for contempt of court. The contempt charges stem from Dzuibak’s refusal to use his VA disability compensation to pay court ordered alimony to his ex-spouse.

Dzuibak was arrested in May of this year for the same offense. However, within 48 hours of being jailed Dzuibak was released. According to officials at the jail health and liability concerns were raised by the jail nurse, and a request was submitted to the judge to have Dzuibak released with an ankle bracelet. In addition, numerous phone calls from supporters and members of Operation Firing For Effect were instrumental in getting Dzuibak released and sent home to serve out his 30 days. Apparently, this time Joseph’s poor health was not of great concern. The following video is TV6 News coverage of Dzuibak’s arrest and release.

[Video Note:] KAAL, TV6 News (May 25, 2010), Albert Lea, Minnesota, Disabled Veteran Joseph Dziubak Goes to Jail. http://www.youtube.com/watch?v=5QUqoJfyATg

This time because of his fragile health Mr. Joseph Dzuibak is being held in a holding area away from the general population under constant observation by guards. This is nominally the location in the jail where they keep inmates on suicide watch. Joseph has no TV, or anyone to communicate with. Dzuibak spends 24 hours a day staring at the four walls. Joseph Dzuibak has committed no crime. Yet, he is incarcerated like the most hardened criminal. After 10 days if Dzuibak still refuses to honor the court order, he will go back to jail for 30 days next time. There really is no limit to how long the judge can keep Dzuibak locked up. The danger to Dzuibak is very real; he could suffer another stroke or heart attack or worse.

Dzuibak is among a growing number of disabled veterans choosing to face jail in protest for having their VA disability compensation calculated as ‘income’ and divided with an ex-spouse. Like most veterans, Joseph Dzuibak was taught that his veteran’s benefits were not attachable by any legal means. According to USC, Title 38, 5301, Joseph is correct. This particular Federal law reads as follows; “payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary”.

Unfortunately, most civil courts do not recognize this Federal law and divorce court judges across the country are routinely stripping veterans of their earned benefits and awarding them to an ex-spouse.

In an interesting side note, several deputies at the jail, who are also veterans, have expressed off the record that they feel Dzuibak is getting a raw deal and shouldn’t even be in jail. But, they also say have a job to do and cannot allow their personal feels affect their job. They must abide by the judge’s orders. The deputy’s names are being withheld to protect their jobs.

The following KWQC News broadcast will illustrate how widespread this problem really is.
[Video Note:] KWQC TV6 (April 2009) News broadcast features Jerry Bohr and members of Operation Firing For Effect, the Veteran’s Advocacy Group. This video provides a thumbnail sketch of the OFFE organization and the 5301 issue in Iowa.
http://www.you3tube.com/watch?v=GJZS96P6dH8

Operation Firing For Effect is monitoring Joseph Dzuibak’s situation with daily calls to the jail. If you wish to call the jail to voice your support for Dzuibak, or to check on his condition, here is the number; (507) 377 5267 and listen for the prompt for the jail. Please be polite when you call.

‘AREA 5301’ is a web page created by Operation Firing For Effect devoted exclusively to the 5301 issue. Operation Firing For Effect is currently the only national organization addressing this issue. http://jerebeery.com/AREA%205301.htm

[Video Note:] WIBW TV13 News (August 2010) broadcast is the latest coverage of this issue. http://www.youtube.com/watch?v=IyANu07a0u4

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