United We Roll at Stardust Radio

Severely Disabled Veteran Jailed Again

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

United We Roll World Tour Show
Stardust Radio www.stardustradio.com
Tuesday 8/31/10 2:00pm – 4:20pm Central (Live)
Wednesday 9/01/10 6:30pm – 8:50pm Central (Repeat)

Welcome Stardust Listeners and thank you for joining us on United We Roll this Tuesday, the 31st day of August, 2010 as we once again take time to honor those who serve our country and who protect our freedom!!

Tomorrow, September 1st of 2010, will mark the changeover in Iraq from Operation Iraqi Freedom to Operation New Dawn!

We have four great visits with deployed members who are currently serving overseas. The show will end at 4:20pm Central as we do not edit our interviews to fit within the normal two hour broadcast period. Remember, if you are not able to stay with us through the show this afternoon, it will repeat again tomorrow evening, Wednesday, June 9th at 6:30pm Central. In addition, an MP3 copy will be placed on our show archive site for listening and downloading. You can reach our archive site at www.stardustradio.info or on the United We Roll page at www.stardustradio.com.

(2:08) Speaking of Heroes of Freedom, let's talk about our show. During our first visit today, we will be talking with Army Captain Dustin Eggleston who is currently deployed with HHC, Task Force 2-7, 1-3 AAB , 3rd ID where he serves as the Task Force Engineer.

(2:40pm) Most of the bases and camps hold a variety of events for the deployed members and Transit Center Manas in Kyrgyzstan has recently held another of their Manas Idol contests. Our regular listeners may remember that we were honored to speak with the winner of the last Manas Idol contest. Well, today we are again honored to speak with the current winner, who is A1C Ashley Turnage.

(3:09pm) Our third visit for today is with Army Sgt Mary Katzenberger of the HHC, 3-69 Armor, 1AAB, 3ID where she is about 8 months into her 12 month deployment. As you will hear, Sgt Katzenberger ( an Army daughter, sister and wife) has many experiences to share.

(3:42pm) Our fourth and final visit for today is with Maj Lisa Hess, who is on deployment with the 376th Air Expeditionary Wing. Maj Hess is the SARC Officer and also the base liaison with the Congress of Women from the local community there in Kyrgyzstan.
We would like to thank some folks without whom these visits would not be possible. Our deepest appreciation goes to TSgt Jennifer Buzanowski, Capt Curt Schultheiss and Maj Vinston Porter.
********************************

YOUR HELP IS NEEDED FOR A DISABLED VET WHO IS FACING JAIL ON SEPTEMBER 4TH!
Iowa State Veteran’s Service Officer to be Jailed as Disability Pay Ruled In Part of Divorce Settlement – See the details in our blog at http://stardustradio.info/b2evolution/blog1.php?blog=1

Don't forget to support our Army unit - click the "Like" button for the 1stHBCT, 3rdID on Facebook! The link is www.facebook.com/1HBCT.3ID.

For more news and articles on current happenings, please visit our United We Roll sites:
Stardust Radio – www.stardustradio.com
Stardust Radio Show Archive (MP3 Copies of Past Shows) – www.stardustradio.info
United We Roll Blog – http://stardustradio.info/b2evolution/blog1.php?blog=1
United We Roll Facebook - http://www.facebook.com/UnitedWeRoll
Twitter – www.tweeter.com/JudiBUSA

Ladies & Gentlemen, we wish to thank all of you for joining us today and we hope that you will be with us again next week when we will have more great visits from our Heroes of Freedom.

Our hearts and prayers go out to all of our military members, families, Veterans and to all of our first responders & their families - everyone who puts their lives on hold and on the line for us and our families.

We would like to remind anyone who is interested in health and legislative issues that affect those who protect our freedom to tune in to our other broadcasts – OFFE with Gene Simes and Jere Berry at 8pm Central on Tuesday nights and also with Rick Townsend and Firebase Network Sundays at 6:00pm Central.

May you all have a good and safe week.

MAY GOD BLESS YOU ALL & MAY GOD BLESS AMERICA!