Oregon War Veterans Blog

Sad news from the 41st

This morning, OWVA was notified that two members of the Oregon National Guard's 41st Infantry Combat Brigade were killed in Iraq.  A third soldier was wounded.  Very few details are available yet, but OWVA has told the Governor's Office, ORNG's General Staff and the 41st's Family Readiness Support Team that "we are here to help as needed."

Nearly 3,500 ORNG families are reeling from the news, especially since it has come so soon after our troops arrived in Iraq. 

In the past, OWVA has been asked to assist with funeral costs and transportation for extended family members.  "We do whatever is asked of us," said Greg Warnock, OWVA's executive director. OWVA is one of the few charitable organizations that has developed a close relationship with the 41st, and the General Staff of the Oregon National Guard. 

"Thank you again, I know you are tired of hearing me say this, but I really appreciate you and all you have done for me and the families of our soldiers," said Donna Herr, the Family Rediness Assistant for the 41st, to Warnock today.

OWVA spent time during the legislative session trying to get the legislature to fund the National Guard's Family Emergency Fund, and only had minor success.  Barely one-half of the funds requested were budgeted, so OWVA is asking for the public to help with their own emergency fund.  OWVA has operated an emergency fund for the National Guard since 2002, and has supported them as needed.

Please consider donating desperately needed charitable contributions to OWVA's ORNG Emergency Fund TODAY.  Contributions of any amount can be sent to OWVA, PO Box 8043, Salem, OR  97303.

OWVA Confirms Maxwell’s Re-admittance to the Oregon University System

Salem, Oregon – The Oregon War Veterans Association (OWVA) is encouraged to announce that Jeff Maxwell, the Western Oregon University (WOU) student and veteran Marine who was wrongfully arrested and subsequently suspended from school for lawfully carrying a concealed weapon, may now re-enter the Oregon University System.

Earlier this year, Western Oregon University demanded Maxwell write a special research paper on the importance of following their policies – essentially a denouncement of his own lawful actions.  “We appreciate WOU’s concern and cooperation on this issue,” said Jesse Barton, the Salem attorney retained by OWVA to represent Maxwell.  “Maxwell will now be able to reenroll while the court case continues.”

Maxwell recently signed an agreement, negotiated by Jesse Barton with Assistant Attorney General Gary Cordy, effectively staying the research paper requirement until the Court of Appeals has a chance to review his case. 

After Maxwell’s arrest, OWVA retained Barton, who is also a veteran member of OWVA, to defend Maxwell after it became aware of the level of humiliation forced on him. 

“He did nothing wrong, but was arrested, humiliated, and suspended without the ability to properly defend himself. WOU’s actions infuriated veterans and gun rights advocates from all over the State,” said Greg Warnock, the Executive Director of OWVA. 

WOU’s action against Maxwell caused him to lose the funds he prepaid for his education, lose academic credits for the courses he was enrolled in, and also lose his GI Bill educational benefits during his suspension. 

“We are happy that Maxwell may continue his education,” said Greg Warnock, the Executive Director of OWVA. “We’re excited that WOU and Maxwell could reach a compromise on this one issue.”

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Oregon Legislature Cuts National Guard Budget While Troops Deploy

Salem, OR - OWVA is saddened by the Oregon Legislature's decision to cut the Oregon Military Department/National Guard (OMD) budget by more than 16% while 3,200 Oregon National Guard troops deploy to Iraq this year.

"I am so sick of hearing 'we got your back' by politicians in Oregon who voice their support for our military in pubic forums, but in committee and session hearings cut their support so drastically," said Greg Warnock, Director of Oregon War Veterans Association.

During the budget vote by the Oregon House, Representative Tim Freeman (R-Roseburg) - the only member to voice his opinion on the budget bill - said, "I voted yes on this bill in committee, and will vote yes on this bill today. But, I think it is unconscionable that we could be passing a budget with such drastic cuts, while we are in a war with Oregon Troops deployed." 

Most of the troops deploying to war zones this year have been there two or three times already, and some have been there four times. Each of these families has suffered for many years while in the deployment cycle, and needed more help than ever from the legislature, especially for their emergency family fund support.

During the 2009 legislative session, OWVA asked for $850,000 to properly fund the National Guard's family emergency assistance fund. The legislative sub committee which oversaw the military budget process this year only authorized $250,000 to fund the emergency fund. After OWVA's loud complaints to the legislative leadership, they decided to raise the fund contribution from $250,000 to $450,000, which is still a decrease from previous years.

In the past two biennia, the legislature gave the fund $500,000. But, during each of those biennia the Oregon Military Department ran out of funds for emergencies within 18 months, so OWVA asked for more money this session. This year, the Oregon Military Department/National Guard has deployed more troops to war than at any other time since WWII.

This is a legislative FAILURE, in our opinion, and a tragedy for our military families. Military members, who have endured multiple years of deployments and subsequent financial hardships, cannot continue to support their families with even the most basic housing and utility costs. Many of them have already used up their home equities to subsidize their income, cashed in their savings accounts, sold assets and depleted other family resources just to survive the previous 18-24 month deployments. Some of these families will undoubtedly become homeless while their heads of household are dodging bullets and IEDs in Iraq.

During the next week, the directors and supporters of OWVA will more thoroughly review this legislative session's treatment of Oregon's veterans and military members by reviewing all of the veteran related bills, and will publish their review online and as a press release.

 

New "Linscott Law" Protects Military Families

Salem, Oregon - House Bill 2303 was signed into law on Friday, sending a loud signal to creditors who abuse Oregon's military families.  The law now requires financial institutions to conform to the Servicemembers Civil Relief Act (SCRA) laws, and special federal rights held by service members.

 The passage of this law is a result of the efforts of strong lobby support of the Oregon War Veterans Association (OWVA), the Oregon State Bar's (OSB) Military Assistance Panel, Salem Attorney Jess Barton, Portland Attorney Mike Mendelson, and Brigadier General Mike Caldwell, Deputy Director of the Oregon Military Department who gave much support during the legislative hearings.

The law is affectionately now known by advocates as the "Linscott Law" named after Oregonian Maj. Jeff Linscott, a Marine veteran who paid more than $100,000 of his own funds to fight creditors who challenged his Federal SCRA rights in court.

SCRA laws are supposed to keep creditors from foreclosing on loans, practicing predatory practices, or adjusting interest rates against activated military members. But, have been no teeth in the laws to prevent creditors from threatening military families from paying high court costs to enforce the law. 

The Linscott Law will now allow military families to sue creditors for attorney fees and court costs, which means that they can now defend themselves against illegal actions and predator lenders. The new law may actually be duplicated by other States as well, who want protections for Servicemembers.

Last year, Jess Barton who serves as Associate Legal Counsel for OWVA and a member of the Military Assistance Panel told OWVA's directors that, "Some creditors prey on deployed military personnel, even after they hear of their federal rights for relief, because they cannot defend themselves while in Iraq or Afghanistan."

"Most lenders comply with the law, but the ones who do not are particularly aggressive, since there has been no recourse against them.  Now we will fight them back in court," said Greg Warnock, OWVA's executive director, in a conversation with Linscott on Friday.

OWVA developed legislative sponsors and key support for the bill, and gave testimony about its merit to deployed families. OWVA initially added a penalty amendment that would fine violators $10,000 per incident.  This would give the legislation additional "teeth" because systematic violators should be punished for their abuses over and above the fees a court may award.

"By keeping the penalty clauses out of the bill, however, we hoped to show the Judiciary Committees and the financial institution advocates that we were willing to compromise, so conforming financial institutions wouldn't feel threatened." said Jess Barton.  "The penalty amendment was worth compromising to assure that the bill would be passed and federal laws will be upheld.  The Linscott Law is a tremendous victory for Oregon's military families.

Jess Barton may be reached by email (jessbarton@msn.com ) for additional comments or legal advice regarding the new law.

OWVA Partners with Mattress World to Help Veterans and their Families

Salem, Oregon – Oregon War Veterans Association (OWVA) is proud to partner with Mattress World in an effort to help veterans and military families during the month of May.  OWVA has actively participated with the Oregon National Guard's Family Readiness Group (ORNG's FRG) and family assistance program providers.  Since 2002, OWVA has helped hundreds of families with emergency housing, medical bills, and transportation issues.  OWVA works directly with the general staff and FRG system for the ORNG.

"I am so proud to help OWVA raise funds to help Oregon's military families,” said Sherri, the owner of Mattress World. “I can't imagine what it would be like to leave your family to serve your country, and be forced to rely on the charity of others. Thank you so much for the opportunity to let us help you."

This month, 3,200 members of the Oregon National Guard are being deployed to Iraq and will leave their families behind to struggle during this economic recession.  OWVA will do everything possible to help relieve the stress that comes with financial emergencies.

All funds donated through the Mattress World Public Service project will be dedicated to OWVA's charitable service projects and programs.  We will provide a tax deductible receipt for your contribution upon request.

Please send your donations to:

OWVA

PO Box 8043

Salem, OR  97303

OR, donate online at: www.owva.org

 

Thank you for supporting Oregon's veterans and military families!

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