I've read Feres (1950) and it states the Military (ARMY) can not be sued for ACTS OF NEGLIGENCE occured during the course of normal military service. It states nothing about CRIMINAL MISCONDUCT. I understand the US Government has historically addressed Criminality claims by paying out monies to rape
victims in Okinawa caused by US troops and has paid out monies to Iraqi villagers killed/wounded by US Marines
. Answer my four questions and I will issue payment.
1. If the Army is no longer processing ART 138s, can I force them to do so via the Federal Courts? Isn't Failure to follow UCMJ a violation of federal law? [Title 10 U.S.C. Subtitle A, Part II, Ch47 SubCh 11@938?]. Can I seek damages for same?
2. USARC (down to the BN CDR) Knowingly, willingly, purposefully and maliciously violated the UCMJ and AR 27-10 (16NOV05) Para 20.1-20.8 by depriving me of my due process rights. Worse, USARC CDR LTG Stultz is furthering the violation by ordering me to re-submit my 4 year old ART 138s four years after my submittal (he has no such authority to circumvent Fed Law or AR 27-10).
3. Since the Army blew the 90 day statute on my four ART 138s---isn't the government in default and thus has accepted all my claims because it didn't timely contest them? [Remember: The AirForce has no time limit to do ART 138s---the Army has 90 days!!!]
4. If I am barred by Ferres, Why did USARC originally tell me to go ahead and sue them under the Federal Torts Act?
I understand backpay torts are not barred by Ferres.