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| ABOUT NOEL |
A FEW OF THE THINGS NOEL HAS ACCOMPLISHED CAN BE FOUND BELOW.
WRONGS DONE BY BLM RESULTED IN A DECISION IN FAVOR OF NOEL AND THE RIGHT WAY TO DO
BUSINESS AND HANDLE A SITUATION. THE WRONGS DONE WERE INITIATED BY ANOTHER FALSE
ACCUSER WHO HAD BEEN TOLD TO STRAIGHTEN UP HIS LIFE AND WAY OF DOING BUSINESS. THIS
DECISION HELPED OTHERS KEEP THE ANIMALS THEY LOVE AND PREVENTED DISCRIMINATION AND
WRONGFUL ACCUSATIONS FROM WINNING.
BUSINESS AND HANDLE A SITUATION. THE WRONGS DONE WERE INITIATED BY ANOTHER FALSE
ACCUSER WHO HAD BEEN TOLD TO STRAIGHTEN UP HIS LIFE AND WAY OF DOING BUSINESS. THIS
DECISION HELPED OTHERS KEEP THE ANIMALS THEY LOVE AND PREVENTED DISCRIMINATION AND
WRONGFUL ACCUSATIONS FROM WINNING.
THE DECISION BELOW CAN BE FOUND AT: http://www.ibiadecisions.com/Ibla/Ibladecisions/131IBLA/131IBLA138.pdf
INTERIOR BOARD OF LAND APPEALS
Noel Benoist
131 IBLA 138 (October 31, 1994)
Title page added by:
ibiadecisions.com
NOEL BENOIST
IBLA 92-588 Decided October 31, 1994
Appeal from a decision of the Phoenix Resource Area Manager, Bureau of Land Management,
cancelling a Private Maintenance and Care Agreement for two wild free-roaming horses. 89534604 (AZ)
and 89534550 (AZ).
Reversed.
1. Evidence: Sufficiency--Wild Free-Roaming Horses and Burros Act
A BLM decision notifying the adopter that his wild horses had been
repossessed and cancelling his private maintenance and care agreement
will be reversed where the record on appeal contains insufficient
evidence of improper care or abandonment of the adopted animals or any
other failure to comply with the terms of the agreement sufficient to
justify such action.
2. Rules of Practice: Appeals: Stay--Wild Free-Roaming Horses and Burros
Act
It is error for BLM to repossess a wild horse and allow it to be readopted
prior to notice to the original adopter of the repossession of the horse
and cancellation of the private maintenance and care agreement. Such
action by BLM defeats the ability of the adopter to reclaim the
repossessed animal through the administrative review process.
APPEARANCES: Noel Benoist, Apache Junction, Arizona, pro se., Arthur E. Tower, Area Manager,
Phoenix Resource Area, for the Bureau of Land Management.
OPINION BY DEPUTY CHIEF ADMINISTRATIVE JUDGE HARRIS
Noel Benoist has appealed from a June 9, 1992, decision of the Phoenix Resource Area Manager,
Bureau of Land Management (BLM), notifying him that BLM had repossessed two adopted wild horses
(freeze mark Nos. 89534604
and 89534550) and that it was cancelling his Private Maintenance and Care Agreement (PMACA),
dated
December 7, 1991, for those two horses. BLM had
131 IBLA 138
assigned the horses to Benoist under authority of the Wild Free-Roaming Horses and Burros Act of
December 15, 1971, as amended, 16 U.S.C §§ 1331-1340 (1988).
In its decision, BLM stated:
An inspection on May 28, 1992 revealed that you have failed to provide proper
care for the animals identified above. Mr. Chuck Hall, owner of Hall's Stables, stated
that you had abandoned these mustangs at his facility and that you owed a $600 board
bill. Therefore, we have repossessed the animals and are cancelling the adoption
agreement. Authorization for this action is the Wild Free-Roaming Horse and Burro
Regulation 43 CFR 4770.2(b).
Benoist filed a notice of appeal on July 12, 1992. In his statement
of reasons and subsequent pleadings filed on appeal, Benoist alleged that he had not abandoned the
horses
and was properly caring for them in accordance with the terms of the PMACA at the time BLM
repossessed
them. He further alleged he was given no notice that his actions regarding the horses were improper
prior
to BLM's repossession of the horses.
In an order dated September 11, 1992, we summarized the evidence received in the case to that
point:
The present case file contains no record of a May 28, 1992, inspection of the
horses in question. There is, however, a memorandum to the file dated June 12, 1992,
from one Marilyn Williams, identified therein as "Volunteer for the BLM under Kyle
Mohan," [1/] describing an April 25, 1992, compliance check and a May 27, 1992,
follow-up visit. She recounted that during the follow-up visit to the stable where the
horses were boarded, she learned from the stable owner that "Mr. Benoist had
disappeared for about two weeks and owed him $600.00." There is no mention in the
memorandum that Benoist had "abandoned" the horses. However, Williams stated that
the stable owner told her that "he was unwilling to feed these animals any more feed
until he had been paid." Williams further stated that "[t]hese horses were very thin at
this time and showed no signs of being gentled." There is no indication in the record
of Williams' qualifications for determining the health of the horses. The record does
not include a statement from the stable owner. Nor is there a statement from a
veterinarian regarding the health of the horses upon repossession. The Williams
memorandum constitutes the only record support for BLM's action to repossess the
horses and cancel the PMACA.
1/ Mohan is identified in the record as the BLM Phoenix District Wild Horse and Burro Specialist.
131 IBLA 139
On August 24, 1992, Benoist filed a statement of reasons for appeal with this
Board, and on August 31, 1992, he filed statements from three individuals, two of
whom are veterinarians, attesting either to his intent not to abandon the horses or to
the good health of three horses owned by Benoist. The statement of Vicki Baulmer,
DVM, dated August 17, 1992, states that she examined the three horses ("Two of these
were BLM mustangs.") on May 13, 1992, and found them to be in good health.
In that order, we directed BLM to show cause why its decision should not be reversed because
the record did not support its action to repossess the horses and cancel the PMACA.
On October 5, 1992, BLM filed an answer in response to the order to show cause and a "Wild
Horse and Burro Compliance Record" (Compliance Record), for the horses in question, signed by
Mohan.
That document shows an inspection date of May 28, 1992, and indicates that the inspection was
conducted
on the basis of a complaint concerning inhumane treatment. The source of the complaint is not identified.
Presumably, it was an oral representation made by Williams following her May 27, 1992, visit to Hall's
stable. The Compliance Record stated regarding facility conditions: "Meets BLM minimum standards,"
and
as to animal condition: "In compliance." Thus, the sole basis for BLM's action is contained in the
narrative
of the Compliance Record, which states in its entirety:
Chuck Hall, stable owner, stated to me that Mr. Benoist had abandoned two
mustangs in his care. Hall felt that he would be unable to recover the outstanding
board bill of $600.00 through the State of AZ feed lien procedure, since the mustangs
were U.S. property. Hall requested that the animals be removed from his property.
Animals were removed this date.
In BLM's answer, the Phoenix Area Manager asserts:
When Mr. Benoist vacated his residence at 1530 West Fillmore in April 1992,
he failed to provide this office with his new address as required by the terms and
conditions of the Private Maintenance and Care Agreement (PMACA) signed by him
on December 7, 1991. The PMACA requires that adopters notify the authorized
officer within 30 days of any change in the adopter's address. * * * Failure to comply
may result in cancellation of the agreement, repossession of the animals, and
disapproval of the request for adoption of additional animals. * * * As described in the
report by Marilyn Williams, * * * Mr. Benoist had been living out of his truck since
leaving the Filmore address. Because Mr. Benoist had provided BLM with no mailing
address, no telephone number, or message phone, BLM had no way to contact him in
reference to Mr. Hall's allegations. Only after the horses were repossessed did Mr.
Benoist contact BLM and report his new mailing address.
(Answer at 1).
131 IBLA 140
The Area Manager admits that the condition of the mustangs was satisfactory, and concedes that
the animals' physical condition was never
an issue in the decision to repossess the horses. "The crucial issue," according to the answer, "was that
the
mustangs required daily feed and water." Id. at 2. The answer continues:
Mr. Hall told * * * Kyle Mohan during an interview of May 28, 1992 that Mr. Benoist
had abandoned the animals and that he (Hall) would no longer provide feed and water
for the two mustangs. * * * Mr. Hall requested that the animals be removed
immediately from his stable. There was no way to contact Mr. Benoist to make
alternative arrangements for the mustangs' care, because Mr. Benoist had failed to
provide BLM with a means to contact him. Since Mr. Benoist was unavailable to
provide proper care for these animals, and since he (Benoist) had violated the terms
and conditions of the PMACA, his PMACA was cancelled and the mustangs were
repossessed.
Id.
He also states that "the authorized officer was never relayed the information contained in the
deposition by Timothy A. Davis. Timothy A. Davis was unknown to the authorized officer until receipt of
his testimony from your office. If the information presented in his deposition is truthful, and had it been
relayed to BLM in a timely manner, this entire event may have been avoided." Id. BLM provided no
statement from Hall,
the stable owner.
The "deposition" referred to by the Area Manager is a statement from Timothy A. Davis received
by the Board on September 28, 1992. The state-ment asserted:
I can attest to the fact that Mr. Benoist never abandoned the horses, and that he had an
agreement with Chuck Hall for the care of the animals. Mr. Benoist * * * was himself
out to Mr. Hall's residence regularly to check on his horses. Mr[.] Benoist was busy
with business during this time, but left Mr. Hall my name and phone number to contact
him at any time for any reason. I also had a message recorder at my residence.
On December 10, 1992, Benoist filed a response to BLM's answer charg-ing that BLM had no
basis for asserting that he had violated the terms of the PMACA by not timely reporting his new address,
as
he had informed BLM officials that he was in the process of moving and had given them Davis' telephone
number as a location where he could be reached at all times prior to his relocation. He further argues that
he had "two or three conversations with Kyle Mohan" at that number and that Mohan had "called and left
two or three messages on the message recorder * * * from March to May 1992." However, he claims that
no attempt was made to contact him at that
131 IBLA 141
number prior to repossession of the horses on May 28. 2/ Benoist alleges that he secured a post office
box
in Apache Junction on June 5, 1992, and notified BLM of his new address, and that BLM mailed a copy
of
its decision to him at that address on June 9, 1992. He supplied documentation supporting that
assertion.
Benoist further alleges that his horses were sold in a BLM sale at Flagstaff, Arizona, on June 3, 1992.
[1] The Wild Free-Roaming Horses and Burros Act of 1971, as amended, 16 U.S.C. §
1333(b)(2)(B) (1988), authorizes the Secretary of the Interior to place wild horses with qualified
applicants
who can assure humane treatment and care. See 43 CFR Subpart 4750. Title to horses placed in
private care
remains with the Government for a minimum of 1 year after placement and execution of the PMACA and
until BLM issues a certificate of title. 16 U.S.C. § 1333(c) (1988); 43 CFR 4750.4 and 4750.5.
Regulations
43 CFR 4760.1(a) and 4770.1(g) require the adopter to comply with the PMACA and the regulations.
A cooperative agreement for the private maintenance of livestock under the protection of the Wild
Free-Roaming Horses and Burros Act may be summarily cancelled by BLM upon good and sufficient
evidence that the terms of
the agreement have been violated. Where a BLM inspection and/or credible reports by third parties of
substandard care reveal that the animals are in a deteriorating condition, this evidence will, in the
absence
of a showing that persuasive countervailing evidence exists, constitute good and sufficient evidence that
terms of the agreement have been violated. Freddie R. Mason, 126 IBLA 28, 29 (1993); Grant F. Morey,
108 IBLA 354, 356 (1989); Mary Magera, 101 IBLA 116, 119 (1988), quoting Dennis Turnipseed, 66
IBLA
63, 67 (1982). In its answer, BLM admits that, at the time the horses were repossessed, they were being
properly and humanely treated. Thus, the
sole claimed basis for repossession was the alleged statement by Hall that Benoist had abandoned the
horses
and that Hall would no longer care for them.
We find that the evidence does not support BLM's decision to repossess the horses. Benoist has
supplied ample documentation that, at the time the horses were repossessed, he was adequately caring
for
the animals. While it is reasonable to assume that Hall may have said that he would not care for the
horses
if, as alleged, he was owed $600.00 for their care, BLM has not provided a statement from Hall
documenting
its assertions concerning his statements, which were pivotal to BLM's action. In addition, Benoist has
supplied persuasive countervailing evidence supporting his assertion that
he had not abandoned the animals, and that he could have been contacted by BLM, even though he did
not
have a current permanent address in May 1992.
2/ In support of this allegation, Benoist submitted a further statement from Davis, dated November 16,
1992,
in which Davis explains that, from September 1990 to July 1992, Benoist used his address and phone
(with
message recorder) as his mailing address and phone number for business
and that "[d]uring this time Noel received letters and phone calls from
many businesses including the Bureau of Land Management. I myself talked
131 IBLA 142
In not making any effort to contact Benoist prior to the repossession, BLM apparently relied on a
representation by Williams, as recounted in her June 12, 1992, memorandum to the file regarding her
compliance check on
May 27, 1992: "At this time Mr. Benoist had no mailing address or phone. I remember he said he was
living
out of his truck." That statement indicates that Williams had a conversation with Benoist or overheard a
conversation that Benoist had with someone else in which he "said he was living out of his truck."
However,
that raises the question whether he had told people, including Hall, Williams, and BLM, how to contact
him.
Benoist's representations and Davis' statements indicate that he had.
Moreover, we do not believe that the record supports cancellation of the PMACA under the facts
of this case. The PMACA provides, under the section, "Terms of Adoption," that "(f) Adopters shall notify
the authorized officer within 30 days of any change in the adopter's address." That section further states
that
failure to comply with any terms of the PMACA "may result in cancellation." Thus, cancellation is not
mandatory where there
is a failure to comply with the terms of the PMACA. In this case, however, it is even questionable whether
there was any violation of the notification term. The term requires that the adopter notify BLM of "any
change in the adopter's address" within 30 days. The record indicates that BLM was aware that Benoist
had
left his permanent residence in April 1992 and that he was living out of his truck and had no fixed
address
at the time of repossession of the horses. BLM was apparently timely informed of these facts. The record
also shows that he informed BLM on June 9 of his new mailing address. Even assuming that these facts
might establish a violation of the notice term, it would be merely a technical violation which would not
justify cancellation of the PMACA.
[2] The record shows that only a few days after Benoist acquired a post office box for receipt of
mail, he informed BLM on June 9, 1992, of that address. That was only 12 days after repossession of the
horses. Nevertheless, Benoist alleges, and BLM does not deny, that his horses
had already been readopted at a BLM sale held in Flagstaff, Arizona, on
June 3, 1992. 3/ That was prior to BLM's issuance of its decision pro-viding Benoist with formal notice of
its repossession and cancellation. Under 43 CFR 1810.2, BLM is required to send notice of its actions
to
the "last address of record." It did not do so in this case. Benoist
had no opportunity to appeal and request a stay of BLM's action prior to
the readoption of his horses. Clearly, such action by BLM was improper.
fn. 2 (continued)
to representatives of BLM, one was a volunteer inspector & main inspector Kyle Mohan. So it is quite
obvious that BLM knew that this address &
phone number were used for/by Noel Benoist" (emphasis in original). BLM
has not responded to this statement.
3/ Absent a denial from BLM, for purposes of further discussion in this case, we accept the truth of
Benoist's
statement that the horses were readopted on June 3, 1992.
131 IBLA 143
Under the regulations, the authorized officer may place a decision
to cancel a PMACA and repossess horses into full force and effect. 43 CFR 4770.3(b) (1993). 4/ The
remedy for the adopter is to file an appeal and
a petition for stay. Id. If a stay were granted, BLM might be required to return the repossessed horse or
burro to the adopter during the pendency of the appeal. By allowing readoption of a repossessed horse
or
burro prior
to notification to the adopter of cancellation and repossession, BLM defeats the ability of the adopter to
reclaim the repossessed horse or burro.
This case is distinguishable from Mark L. Williams, 130 IBLA 45 (1994), in which we held that
BLM was justified in cancelling a PMACA. In that case, the facts supported BLM's action; in this case,
they
do not. In Williams, the person providing care for two wild horses informed BLM in April 1992 that she
had
heard nothing from the adopter regarding the care of the animals, and that she had received no money
for the
care of the animals for 10 months. She asked BLM how it wanted her to proceed. Although the record
showed that BLM contacted the adopter, nothing had been resolved
when BLM received another letter in August 1992 from the person providing care stating that payment
still
had not been made and that she would no longer care for the animals. At that time, BLM did not take
physical custody of the horses. Instead, it assumed financial responsibility for the horses and cancelled
the
PMACA.
In this case, there is no direct evidence from the care provider in
the record. Although the claimed basis for repossession was abandonment, the record fails to show that
the
horses had been abandoned. If BLM
were concerned for the welfare of Benoist's horses, it could have, as in Williams, assumed financial
responsibility for the care of the horses, cancelled the PMACA, and sought to contact Benoist. Here, it
repossessed the horses and allowed them to be readopted without issuing any decision regarding its
actions.
Only after the readoption did it informed Benoist of the repossession and cancellation. BLM's actions in
this
case are not supported by the record and must be overturned.
In this case, because Benoist's horses have been readopted, BLM is directed to allow him, at his
option, to adopt two other horses without
cost or recover his original adoption fees.
4/ In final rulemaking published in the Federal Register on February 16, 1994, BLM provided at 43 CFR
4770.3(b) that "decisions to cancel a Private Maintenance and Care Agreement shall be effective upon
issuance or on a
date established in the decision * * *." That rulemaking finalized an interim final regulation, 43 CFR
4770.3,
published on January 9, 1991,
(56 FR 786). The interim final rule, which was in effect at the time this case arose, provided:
"The authorized officer may place in full force and effect decisions to cancel a Private
Maintenance and Care Agreement so as to allow repossession of wild horses and burros from adopters
to
protect the animals' welfare. Appeals and petitions for stay of decisions shall be filed with the Interior
Board
of Land Appeals as specified in this part."
The Area Manager placed the decision in question into full force and effect.
131 IBLA 144
Accordingly, pursuant to the authority delegated to the Board of Land Appeals by the Secretary
of the Interior, 43 CFR 4.1, the decision appealed from is reversed.
Bruce R. Harris
Deputy Chief Administrative Judge
I concur:
James L. Burski
Administrative Judge
131 IBLA 145
Noel Benoist
131 IBLA 138 (October 31, 1994)
Title page added by:
ibiadecisions.com
NOEL BENOIST
IBLA 92-588 Decided October 31, 1994
Appeal from a decision of the Phoenix Resource Area Manager, Bureau of Land Management,
cancelling a Private Maintenance and Care Agreement for two wild free-roaming horses. 89534604 (AZ)
and 89534550 (AZ).
Reversed.
1. Evidence: Sufficiency--Wild Free-Roaming Horses and Burros Act
A BLM decision notifying the adopter that his wild horses had been
repossessed and cancelling his private maintenance and care agreement
will be reversed where the record on appeal contains insufficient
evidence of improper care or abandonment of the adopted animals or any
other failure to comply with the terms of the agreement sufficient to
justify such action.
2. Rules of Practice: Appeals: Stay--Wild Free-Roaming Horses and Burros
Act
It is error for BLM to repossess a wild horse and allow it to be readopted
prior to notice to the original adopter of the repossession of the horse
and cancellation of the private maintenance and care agreement. Such
action by BLM defeats the ability of the adopter to reclaim the
repossessed animal through the administrative review process.
APPEARANCES: Noel Benoist, Apache Junction, Arizona, pro se., Arthur E. Tower, Area Manager,
Phoenix Resource Area, for the Bureau of Land Management.
OPINION BY DEPUTY CHIEF ADMINISTRATIVE JUDGE HARRIS
Noel Benoist has appealed from a June 9, 1992, decision of the Phoenix Resource Area Manager,
Bureau of Land Management (BLM), notifying him that BLM had repossessed two adopted wild horses
(freeze mark Nos. 89534604
and 89534550) and that it was cancelling his Private Maintenance and Care Agreement (PMACA),
dated
December 7, 1991, for those two horses. BLM had
131 IBLA 138
assigned the horses to Benoist under authority of the Wild Free-Roaming Horses and Burros Act of
December 15, 1971, as amended, 16 U.S.C §§ 1331-1340 (1988).
In its decision, BLM stated:
An inspection on May 28, 1992 revealed that you have failed to provide proper
care for the animals identified above. Mr. Chuck Hall, owner of Hall's Stables, stated
that you had abandoned these mustangs at his facility and that you owed a $600 board
bill. Therefore, we have repossessed the animals and are cancelling the adoption
agreement. Authorization for this action is the Wild Free-Roaming Horse and Burro
Regulation 43 CFR 4770.2(b).
Benoist filed a notice of appeal on July 12, 1992. In his statement
of reasons and subsequent pleadings filed on appeal, Benoist alleged that he had not abandoned the
horses
and was properly caring for them in accordance with the terms of the PMACA at the time BLM
repossessed
them. He further alleged he was given no notice that his actions regarding the horses were improper
prior
to BLM's repossession of the horses.
In an order dated September 11, 1992, we summarized the evidence received in the case to that
point:
The present case file contains no record of a May 28, 1992, inspection of the
horses in question. There is, however, a memorandum to the file dated June 12, 1992,
from one Marilyn Williams, identified therein as "Volunteer for the BLM under Kyle
Mohan," [1/] describing an April 25, 1992, compliance check and a May 27, 1992,
follow-up visit. She recounted that during the follow-up visit to the stable where the
horses were boarded, she learned from the stable owner that "Mr. Benoist had
disappeared for about two weeks and owed him $600.00." There is no mention in the
memorandum that Benoist had "abandoned" the horses. However, Williams stated that
the stable owner told her that "he was unwilling to feed these animals any more feed
until he had been paid." Williams further stated that "[t]hese horses were very thin at
this time and showed no signs of being gentled." There is no indication in the record
of Williams' qualifications for determining the health of the horses. The record does
not include a statement from the stable owner. Nor is there a statement from a
veterinarian regarding the health of the horses upon repossession. The Williams
memorandum constitutes the only record support for BLM's action to repossess the
horses and cancel the PMACA.
1/ Mohan is identified in the record as the BLM Phoenix District Wild Horse and Burro Specialist.
131 IBLA 139
On August 24, 1992, Benoist filed a statement of reasons for appeal with this
Board, and on August 31, 1992, he filed statements from three individuals, two of
whom are veterinarians, attesting either to his intent not to abandon the horses or to
the good health of three horses owned by Benoist. The statement of Vicki Baulmer,
DVM, dated August 17, 1992, states that she examined the three horses ("Two of these
were BLM mustangs.") on May 13, 1992, and found them to be in good health.
In that order, we directed BLM to show cause why its decision should not be reversed because
the record did not support its action to repossess the horses and cancel the PMACA.
On October 5, 1992, BLM filed an answer in response to the order to show cause and a "Wild
Horse and Burro Compliance Record" (Compliance Record), for the horses in question, signed by
Mohan.
That document shows an inspection date of May 28, 1992, and indicates that the inspection was
conducted
on the basis of a complaint concerning inhumane treatment. The source of the complaint is not identified.
Presumably, it was an oral representation made by Williams following her May 27, 1992, visit to Hall's
stable. The Compliance Record stated regarding facility conditions: "Meets BLM minimum standards,"
and
as to animal condition: "In compliance." Thus, the sole basis for BLM's action is contained in the
narrative
of the Compliance Record, which states in its entirety:
Chuck Hall, stable owner, stated to me that Mr. Benoist had abandoned two
mustangs in his care. Hall felt that he would be unable to recover the outstanding
board bill of $600.00 through the State of AZ feed lien procedure, since the mustangs
were U.S. property. Hall requested that the animals be removed from his property.
Animals were removed this date.
In BLM's answer, the Phoenix Area Manager asserts:
When Mr. Benoist vacated his residence at 1530 West Fillmore in April 1992,
he failed to provide this office with his new address as required by the terms and
conditions of the Private Maintenance and Care Agreement (PMACA) signed by him
on December 7, 1991. The PMACA requires that adopters notify the authorized
officer within 30 days of any change in the adopter's address. * * * Failure to comply
may result in cancellation of the agreement, repossession of the animals, and
disapproval of the request for adoption of additional animals. * * * As described in the
report by Marilyn Williams, * * * Mr. Benoist had been living out of his truck since
leaving the Filmore address. Because Mr. Benoist had provided BLM with no mailing
address, no telephone number, or message phone, BLM had no way to contact him in
reference to Mr. Hall's allegations. Only after the horses were repossessed did Mr.
Benoist contact BLM and report his new mailing address.
(Answer at 1).
131 IBLA 140
The Area Manager admits that the condition of the mustangs was satisfactory, and concedes that
the animals' physical condition was never
an issue in the decision to repossess the horses. "The crucial issue," according to the answer, "was that
the
mustangs required daily feed and water." Id. at 2. The answer continues:
Mr. Hall told * * * Kyle Mohan during an interview of May 28, 1992 that Mr. Benoist
had abandoned the animals and that he (Hall) would no longer provide feed and water
for the two mustangs. * * * Mr. Hall requested that the animals be removed
immediately from his stable. There was no way to contact Mr. Benoist to make
alternative arrangements for the mustangs' care, because Mr. Benoist had failed to
provide BLM with a means to contact him. Since Mr. Benoist was unavailable to
provide proper care for these animals, and since he (Benoist) had violated the terms
and conditions of the PMACA, his PMACA was cancelled and the mustangs were
repossessed.
Id.
He also states that "the authorized officer was never relayed the information contained in the
deposition by Timothy A. Davis. Timothy A. Davis was unknown to the authorized officer until receipt of
his testimony from your office. If the information presented in his deposition is truthful, and had it been
relayed to BLM in a timely manner, this entire event may have been avoided." Id. BLM provided no
statement from Hall,
the stable owner.
The "deposition" referred to by the Area Manager is a statement from Timothy A. Davis received
by the Board on September 28, 1992. The state-ment asserted:
I can attest to the fact that Mr. Benoist never abandoned the horses, and that he had an
agreement with Chuck Hall for the care of the animals. Mr. Benoist * * * was himself
out to Mr. Hall's residence regularly to check on his horses. Mr[.] Benoist was busy
with business during this time, but left Mr. Hall my name and phone number to contact
him at any time for any reason. I also had a message recorder at my residence.
On December 10, 1992, Benoist filed a response to BLM's answer charg-ing that BLM had no
basis for asserting that he had violated the terms of the PMACA by not timely reporting his new address,
as
he had informed BLM officials that he was in the process of moving and had given them Davis' telephone
number as a location where he could be reached at all times prior to his relocation. He further argues that
he had "two or three conversations with Kyle Mohan" at that number and that Mohan had "called and left
two or three messages on the message recorder * * * from March to May 1992." However, he claims that
no attempt was made to contact him at that
131 IBLA 141
number prior to repossession of the horses on May 28. 2/ Benoist alleges that he secured a post office
box
in Apache Junction on June 5, 1992, and notified BLM of his new address, and that BLM mailed a copy
of
its decision to him at that address on June 9, 1992. He supplied documentation supporting that
assertion.
Benoist further alleges that his horses were sold in a BLM sale at Flagstaff, Arizona, on June 3, 1992.
[1] The Wild Free-Roaming Horses and Burros Act of 1971, as amended, 16 U.S.C. §
1333(b)(2)(B) (1988), authorizes the Secretary of the Interior to place wild horses with qualified
applicants
who can assure humane treatment and care. See 43 CFR Subpart 4750. Title to horses placed in
private care
remains with the Government for a minimum of 1 year after placement and execution of the PMACA and
until BLM issues a certificate of title. 16 U.S.C. § 1333(c) (1988); 43 CFR 4750.4 and 4750.5.
Regulations
43 CFR 4760.1(a) and 4770.1(g) require the adopter to comply with the PMACA and the regulations.
A cooperative agreement for the private maintenance of livestock under the protection of the Wild
Free-Roaming Horses and Burros Act may be summarily cancelled by BLM upon good and sufficient
evidence that the terms of
the agreement have been violated. Where a BLM inspection and/or credible reports by third parties of
substandard care reveal that the animals are in a deteriorating condition, this evidence will, in the
absence
of a showing that persuasive countervailing evidence exists, constitute good and sufficient evidence that
terms of the agreement have been violated. Freddie R. Mason, 126 IBLA 28, 29 (1993); Grant F. Morey,
108 IBLA 354, 356 (1989); Mary Magera, 101 IBLA 116, 119 (1988), quoting Dennis Turnipseed, 66
IBLA
63, 67 (1982). In its answer, BLM admits that, at the time the horses were repossessed, they were being
properly and humanely treated. Thus, the
sole claimed basis for repossession was the alleged statement by Hall that Benoist had abandoned the
horses
and that Hall would no longer care for them.
We find that the evidence does not support BLM's decision to repossess the horses. Benoist has
supplied ample documentation that, at the time the horses were repossessed, he was adequately caring
for
the animals. While it is reasonable to assume that Hall may have said that he would not care for the
horses
if, as alleged, he was owed $600.00 for their care, BLM has not provided a statement from Hall
documenting
its assertions concerning his statements, which were pivotal to BLM's action. In addition, Benoist has
supplied persuasive countervailing evidence supporting his assertion that
he had not abandoned the animals, and that he could have been contacted by BLM, even though he did
not
have a current permanent address in May 1992.
2/ In support of this allegation, Benoist submitted a further statement from Davis, dated November 16,
1992,
in which Davis explains that, from September 1990 to July 1992, Benoist used his address and phone
(with
message recorder) as his mailing address and phone number for business
and that "[d]uring this time Noel received letters and phone calls from
many businesses including the Bureau of Land Management. I myself talked
131 IBLA 142
In not making any effort to contact Benoist prior to the repossession, BLM apparently relied on a
representation by Williams, as recounted in her June 12, 1992, memorandum to the file regarding her
compliance check on
May 27, 1992: "At this time Mr. Benoist had no mailing address or phone. I remember he said he was
living
out of his truck." That statement indicates that Williams had a conversation with Benoist or overheard a
conversation that Benoist had with someone else in which he "said he was living out of his truck."
However,
that raises the question whether he had told people, including Hall, Williams, and BLM, how to contact
him.
Benoist's representations and Davis' statements indicate that he had.
Moreover, we do not believe that the record supports cancellation of the PMACA under the facts
of this case. The PMACA provides, under the section, "Terms of Adoption," that "(f) Adopters shall notify
the authorized officer within 30 days of any change in the adopter's address." That section further states
that
failure to comply with any terms of the PMACA "may result in cancellation." Thus, cancellation is not
mandatory where there
is a failure to comply with the terms of the PMACA. In this case, however, it is even questionable whether
there was any violation of the notification term. The term requires that the adopter notify BLM of "any
change in the adopter's address" within 30 days. The record indicates that BLM was aware that Benoist
had
left his permanent residence in April 1992 and that he was living out of his truck and had no fixed
address
at the time of repossession of the horses. BLM was apparently timely informed of these facts. The record
also shows that he informed BLM on June 9 of his new mailing address. Even assuming that these facts
might establish a violation of the notice term, it would be merely a technical violation which would not
justify cancellation of the PMACA.
[2] The record shows that only a few days after Benoist acquired a post office box for receipt of
mail, he informed BLM on June 9, 1992, of that address. That was only 12 days after repossession of the
horses. Nevertheless, Benoist alleges, and BLM does not deny, that his horses
had already been readopted at a BLM sale held in Flagstaff, Arizona, on
June 3, 1992. 3/ That was prior to BLM's issuance of its decision pro-viding Benoist with formal notice of
its repossession and cancellation. Under 43 CFR 1810.2, BLM is required to send notice of its actions
to
the "last address of record." It did not do so in this case. Benoist
had no opportunity to appeal and request a stay of BLM's action prior to
the readoption of his horses. Clearly, such action by BLM was improper.
fn. 2 (continued)
to representatives of BLM, one was a volunteer inspector & main inspector Kyle Mohan. So it is quite
obvious that BLM knew that this address &
phone number were used for/by Noel Benoist" (emphasis in original). BLM
has not responded to this statement.
3/ Absent a denial from BLM, for purposes of further discussion in this case, we accept the truth of
Benoist's
statement that the horses were readopted on June 3, 1992.
131 IBLA 143
Under the regulations, the authorized officer may place a decision
to cancel a PMACA and repossess horses into full force and effect. 43 CFR 4770.3(b) (1993). 4/ The
remedy for the adopter is to file an appeal and
a petition for stay. Id. If a stay were granted, BLM might be required to return the repossessed horse or
burro to the adopter during the pendency of the appeal. By allowing readoption of a repossessed horse
or
burro prior
to notification to the adopter of cancellation and repossession, BLM defeats the ability of the adopter to
reclaim the repossessed horse or burro.
This case is distinguishable from Mark L. Williams, 130 IBLA 45 (1994), in which we held that
BLM was justified in cancelling a PMACA. In that case, the facts supported BLM's action; in this case,
they
do not. In Williams, the person providing care for two wild horses informed BLM in April 1992 that she
had
heard nothing from the adopter regarding the care of the animals, and that she had received no money
for the
care of the animals for 10 months. She asked BLM how it wanted her to proceed. Although the record
showed that BLM contacted the adopter, nothing had been resolved
when BLM received another letter in August 1992 from the person providing care stating that payment
still
had not been made and that she would no longer care for the animals. At that time, BLM did not take
physical custody of the horses. Instead, it assumed financial responsibility for the horses and cancelled
the
PMACA.
In this case, there is no direct evidence from the care provider in
the record. Although the claimed basis for repossession was abandonment, the record fails to show that
the
horses had been abandoned. If BLM
were concerned for the welfare of Benoist's horses, it could have, as in Williams, assumed financial
responsibility for the care of the horses, cancelled the PMACA, and sought to contact Benoist. Here, it
repossessed the horses and allowed them to be readopted without issuing any decision regarding its
actions.
Only after the readoption did it informed Benoist of the repossession and cancellation. BLM's actions in
this
case are not supported by the record and must be overturned.
In this case, because Benoist's horses have been readopted, BLM is directed to allow him, at his
option, to adopt two other horses without
cost or recover his original adoption fees.
4/ In final rulemaking published in the Federal Register on February 16, 1994, BLM provided at 43 CFR
4770.3(b) that "decisions to cancel a Private Maintenance and Care Agreement shall be effective upon
issuance or on a
date established in the decision * * *." That rulemaking finalized an interim final regulation, 43 CFR
4770.3,
published on January 9, 1991,
(56 FR 786). The interim final rule, which was in effect at the time this case arose, provided:
"The authorized officer may place in full force and effect decisions to cancel a Private
Maintenance and Care Agreement so as to allow repossession of wild horses and burros from adopters
to
protect the animals' welfare. Appeals and petitions for stay of decisions shall be filed with the Interior
Board
of Land Appeals as specified in this part."
The Area Manager placed the decision in question into full force and effect.
131 IBLA 144
Accordingly, pursuant to the authority delegated to the Board of Land Appeals by the Secretary
of the Interior, 43 CFR 4.1, the decision appealed from is reversed.
Bruce R. Harris
Deputy Chief Administrative Judge
I concur:
James L. Burski
Administrative Judge
131 IBLA 145
NOEL HAS FOUGHT FOR MANY YEARS TRYING TO GET THE FREE FISHING LICENSE FOR DISABLED VETERANS TO BE WHAT HE
ORIGINALLY PUSHED FOR. THIS IS TO SAY A FREE LICENSE FOR THOSE WHO ARE 100% DISABLED AND ANY PART IS SERVICE
CONNECTED. THESE PEOPLE GET CIRCA $900 WHILE 100% SERVICE CONNECTED GET THREE TO FOUR TIMES THAT AMOUNT.
ORIGINALLY PUSHED FOR. THIS IS TO SAY A FREE LICENSE FOR THOSE WHO ARE 100% DISABLED AND ANY PART IS SERVICE
CONNECTED. THESE PEOPLE GET CIRCA $900 WHILE 100% SERVICE CONNECTED GET THREE TO FOUR TIMES THAT AMOUNT.
VA CHANGES NOEL HAS BEEN FIGHT FOR ARE SHOWN BELOW
| MORE CAN BE FOUND AT THE FOLLOWING LINKS [PDF] THE STATE OF ARIZONAFile Format: PDF/Adobe Acrobat - View as HTML Change by Mr. Noel Benoist Requesting the Commission Amend R12-4-202 Disabled ... Mr. Noel Benoist has submitted a petition requesting the Commission ... www.gf.state.az.us/pdfs/inside_azgfd/agenda/1-06%20Agenda%20final.pdf [PDF] Notice of Public Meeting of a Public BodyFile Format: PDF/Adobe Acrobat - View as HTML Noel Benoist (also referred to as an advisory and resource contact), National ... Noel Benoist discussed the statutes that provide fishing licenses to ... www.governor.state.az.us/VTF/documents/Agendas/120505~110205MINUTES.pdf PDF] JUNE 2006 MinutesFile Format: PDF/Adobe Acrobat - View as HTML and attach a copy of Noel Benoist’s recommendations for her consideration. There ... Noel Benoist offered to assist the Commission with budget issues. ... www.azdvs.gov/Files/AdvisoryCommission/MINUTES%20OF%20THE%20PUBLIC%20MEETING%20OF%20JUNE%208th,%202006.pdf [PDF] Meeting Minutes of theFile Format: PDF/Adobe Acrobat - View as HTML Petition for Rule Change by Mr. Noel Benoist Requesting the Commission Amend R12-4- ... Noel Benoist submitted a petition requesting the Commission amend ... www.gf.state.az.us/pdfs/inside_azgfd/minutes/2006/012006CommMtgMinutes.pdf Native American vets missing out on benefits My Two Beads Worth"The whole system is adversarial," said Noel Benoist, a 59-year-old Apache Junction disabled veteran who is half Lakota Sioux. ... mytwobeadsworth.com/NAvetbenefits.html - 8k - Cached (NOTE FROM NOEL...FOR CLARIFICATION: MY DAD WAS HALF AND I AM 1/4) National American Indian Veterans (NAIV)Regions 1, 2, 3, 7, Noel Benoist (Oglala Lakota) Historian. Michael Pavatea (Hopi) Regions 4, 5, 6, 11, Elmo Hernandez Chaplain. Anderson H. Morgan, Sr. ... www.naivonline.org/about/national_officers - 7k - Supplemental Result - |
ADVICE PROMISED VA & AZ TASKFORCE
I. FISHING LICENSE FOR DISABLED VETS
I fought for and got the original free fishing license for disabled veterans. I refer to my October 21, 2005 letter to Governor Janet Napolitano,
attached herewith. (This was discussed at the taskforce meeting and it seems to be in the process of being taken care of.) This could be done
on a Federal level as a Federal license and access pass with mandated State recognition and acceptance; alternatively, a mandate for
matching State laws. I and II go together.
II. STATE AND FEDERAL GOLDEN ACCESS PASS FOR VETERAN'S
I have the Federal “Golden Access Pass” that allows me and my immediate family, or guest riding with me in my vehicle or their vehicle, free
access to National parks and campgrounds. I have rarely used it because I am on the “medical retirement as a greater benefit” and cannot
afford the gas required to drive back and forth to most of the parks and campgrounds that are too far away. I recommended and have fought
for a state access pass to go along with the free fishing license. Wording used for the Federal access pass could be used for the state access
pass. Alternatively, to save time and money, the state could merely recognize and accept the Federal pass!
As I said at the taskforce meeting:
1. A 100% service connected disabled veteran is getting approximately $2,400 a month if the veteran received the 100% service
connected rating after discharge from service and after eligibility for Social Security Disability, which would make the veteran “too far removed”
to receive SSD.
2. A 100% service connected disabled veteran that was medically discharged and applied for SSD gets approximately $3,600 per month.
3. A 100% non-service connected disabled veteran getting the “pension as a greater benefit” gets approximately $850 per month.
WHICH OF THE ABOVE HAS THE GREATER NEED FOR A FREE FISHING LICENSE AND FREE ACCESS TO STATE AND FEDERAL PARKS
AND RECREATION?
Number 3 above spends at least nine monthly checks for rent, utilities, car, telephone, and other necessities. This leaves about two hundred
dollars a month for food, gas, clothing, personal hygiene, laundry, over the counter medication, and other miscellaneous expenses. The only
way the budget can be met is by eating all the cheapest food, not medically good for a person, and buying it from stores that sell food with
expired pull dates. You sift out the worms and everything the wiggles and crawls, and then you cook the rest and eat it. When you eat an
occasional worm it is normally well done and will do no medical harm. Game and fish would be a welcome and healthy addition to the diet. As of
the date of this writing veterans in need can ill afford such a luxury! Those with partial disabilities are also, frequently, low income veterans
whose situation is largely due to their service connected disability. All veterans should receive a free or discounted hunting and fishing license.
Veterans with disabilities of 30% or more should get a free license while veterans with disabilities of 10% more Get a hunting and fishing license
at a 50% discount. Other veterans get a 20% discount on their hunting and fishing license.
III. RAISE MEDICAL RETIREMENT AS A GREATER BENEFIT
1. The above facts about the “pension as a greater benefit” and the fact that the amount paid is over 30% below the national poverty level
speaks to the fact that the “pension” should be at least $1,400 per month. This is as of this date in 2005.
Anything short of this amount shows our veterans zero respect and zero gratitude. It is a disgrace and dishonor to the men and women who
fought for this country with a willingness to sacrifice their lives. It is viewed as a control method because low-income people do not have the
financial means to travel to the VA and present their case, produce expensive presentations, or hire an attorney.
2. Another item that makes life extremely difficult, for American Indian Veterans and other low-income veterans, is the 11¢ per mile travel
pay to go to the VA hospital with $6 taken out of the first three visits. People who can't afford a fishing license can't afford $18 a month to visit
the VA hospital three times a month. With today's gas prices and the mpg older vehicles get each visit costs even more than what I have stated
here. Most low income veterans drive older vehicles.
3. The Graham-Rudman Act must be repealed. To save money Senators Graham and Rudman took money from our poor veterans.
Immediately following, they voted Congressman and Senators a raise. Instead of Honor and thanks this gave our veterans another slap in the
face!
4. In addition to the financial difficulties of getting to the VA hospital, our American Indian Veterans will not go to the hospital and ask for
help. The process is demeaning to the American Indian people. An outreach program, staffed by American Indian Veterans and people who
truly understand our needs, needs to be established. The program can reach out to American Indian Veterans and educate them on the fact
that they have earned and are owed what they're asking for.
IV. AN INDEPENDENT INVESTIGATIVE AND JUDICIAL GROUP
A. Currently, the VA must frequently act as the judge and prosecutor. This creates a conflict of interest and past wrongs being defended
instead of straightened out. The veteran should have an attorney whose only duty is to help the veteran get his/her due.
B. The veteran is not only disadvantaged in representation but also in time demands. The veteran must file a NOD, “Notice of
Disagreement” within one year of the mailing of a decision and the “substantive appeal” must be filed within 60 days of the “Statement of the
Case” from VA. The VA has no demands on VA for time performance. This is used to further frustrate and confuse the veteran and his/her
case. A Board could see to it that these VA time demands were met. If VA has not decided a case in one year the case should be viewed as
granted.
C. If there's in House problems or abuse, there is no means of safe, efficient, and fair for all rectification. The investigative board for
reviewing and correcting the problem must be separate in power or they can decide against what is right and “bury the problem” the way things
have gone in the past. Then perpetrators have discredited and pushed out those trying to get what is right. When people fear reprisal they will
not speak out nor help rectify and repair past and/or current wrongs.
D. The same problem listed in B. above exists within the veteran service organizations like the DAV, VFW, and others. I have numerous
witnesses and mounds of irrefutable evidence here too.
V. WHAT IS “TOO FAR REMOVED” AND HOW TO FIX IT
A. The older veterans and American Indians
1. WWII, Korean War, Vietnam, American Indian, and other older Veterans were put in a position of being discharged without proper
medical attention and diagnosis of their medical problems. They were not trained and skilled lawyers, they were not trained and skilled VA
claims officers, THEY WERE DISABLED and most were and are poor. Attorneys could not make over $10 representing a Veteran. Just try to get
an attorney for $10. At the meeting Jon Skelly said VA would pay back pay all the way to DOD. In the past, many of us were told VA only goes
back to the date of application. I think the 2006 court decision is the cause of the new practice, if it is actually being done and not turned down. I
can produce several witnesses here too.
a. They didn't have the money to get the required medical attention and diagnosis. They are told the injury was not documents within a
year of discharge and denied benefits.
b. The Veterans Administration of old would not perform the required medical examinations. Veterans should not be punished because of
this and saying that the condition was not documented within a year of service results in punishment for the Veteran when VA did not do the job
it was supposed to do.
c. Old methods of testing equipment could not and would not find the necessary results. Again the Veteran is punished with the same kind
of statement as “b” above.
d. No information was given to veterans in regard to the benefits they were eligible for. They are told they did not apply within a year of
discharge and are punished with denial or a reduction of benefits they should have received.
e. Mixed with the aforementioned, there was an added problem in the fact that the “fiduciary duty of the VA” was, and still is, actually
adversarial. Veterans need attorney power from day one. Enemies of this nation get an attorney. The VA uses QTC just like workman’s comp
and insurance companies that want a doctor to give them something they can use to deny the claim. This should stop and the “Primary Care
Physicians and Treating Physicians” should write the reports for ratings.
f. The VA of old would tell doctors what to write and claims were wrongfully turned down. The VA has been using the QTC in the same way
as insurance companies and workman’s comp companies have been using them to find what is needed to turn down a claim. Principe was
President of QTC, went to head of VA, and then went back to QTC. (I have tape recordings and other irrefutable evidence to prove what I have
just said.) I would rather remodel the VA House than tear it down and have to build another. The primary care physician and other VA health
care doctors should be used and able to render rating decisions without interference or dictates from VA claims.
g. In one case a veteran was told it was all in his mind when he complained about back problems and gave him 30% for being crazy.
Twenty plus years later a Doctor found and proved the back problem. VA said it was too long since discharge and denied the back claim and
then tried to take away the 30% for being craze because it was not in his mind.
h. In my case, despite the fact that I have records showing my complaints and disagreement from DOD to present day, VA has tried to say
my evidence and issues are “too far removed” from DOD. There are many others.
I used to think that the aforementioned was due to laziness and other despicable problems. Since my meeting with the veteran taskforce for
Arizona, the VA director Patrick Chorpenning, and the assistant director Jon Skelly; I have discovered that most of the past problems have been
because the VA has had about 1/6th the number of service workers they have needed to do the job and do it right. Under these conditions
people try to take short cuts. When they take short cuts they overlook important information and the veteran pays the price by being denied
benefits the veteran should get. I have always known that part of the problem has also been because of the way the laws have been written,
implemented, and funded. The above more that quadruples the costs of VA.
Without a diagnosis from military service doctors or a civilian doctor that is willing to say and prove that the injury is directly linked to time in
service, the VA decision is that the injury is not service connected; thus it is legally “too far removed”.
2. Many of the Vietnam and American Indian Veterans got little to no help for a rehabilitation and reentry into civilian life. They turned to
self-medication with drugs and alcohol. They withdrew from the rest of civilization. Simple “token demonstrations” and saying that the VA cares
about these Veterans is viewed as nothing more than “trinkets and beads”. A wise man once said, “What you do speaks so loudly that I cannot
hear what you say”. If the VA gets the service workers and budget required; then the VA gets old claims and Veterans properly taken care of;
everything will start to straighten out and come together. It will take a demonstration of true caring, sacrifice, and hard work. If the VA continues
to defend the VA of old, divisions will get worse. WHAT WILL HAPPEN TO OUR COUNTRY WHEN SOLDIERS ARE NEEDED IN THE FUTURE?
B. Veterans with classified records
For Veteran's that have served the intelligence community, we need a separate Veteran's board for benefits, records corrections, and appeals.
It could also handle internal affairs and prevent record alterations performed as retaliation or from other ulterior motives. This happened with
me in regards to my records. Thanks to Senator McCain I now have the evidence. The board needs to be able to tell the VA to grant a veteran
benefits without getting into classified information by divulging the reasons why. The veteran needs to be able to disclose classified information
to the board sufficient to prove and receive eligibility for benefits.
C. Future Veterans
1. Take care of all of the above.
2. Every veteran returning from conflict, and/or being discharged need to be told the following: “Your training and experience has made
you a soldier that won't wine because you don’t want to be called a winner, you won't talk about problems affecting your life and ability to work
because you don't want to be called a gold brick, and you won't talk about your injuries because you don't want to be called a wimp. Now is the
time to put all of that training and experience aside. You must wine; tells us ALL your problems affecting your work, you personally, and your
relationships with others; tell us every injury you have or if he might have, and tell us about every injury you have had or think you might have
had. You must also tell us about everything you have been exposed to OR think you have been exposed to. The next year or two is the most
important time of the rest of your life. It's crucial for you and your family to secure your future by means of full and total disclosure.
3. The VA should never guide a doctor in the performance of his duty to examine a veteran and write a report for Veteran's benefits. I have
tape recordings and witness sufficient to prove that this has been done in the past! The witnesses include veterans and doctor's who were
given such orders and threats that they would never work for the VA again if they fail to co-operate.
4. Train people to interview and go through the entirety of the Veterans service. This should include his time and activities on and off duty.
By way of example, an automobile accident that happens to veteran stationed in some state or country away from home is still the liability and
responsibility of the Veterans Administration. Just giving the veteran a pamphlet does not do the job. Most veterans wont read them and most
pamphlets are too hard to understand.
5. Help the veteran get buddy statements relating to any accidents and or possible exposure to anything that might prove harmful in the
future.
6. Make the Veterans Administration an organization that is fulfilling its “fiduciary” duty to the veteran and get rid of budget politics and
policies that make the entire process “adversarial”.
7. A minimum of two service officers should be assigned to each reservation and they should be American Indian or descendants of
American Indians who have knowledge of that tribe’s culture and history. Larger tribes with more Veterans should have more service officers.
8. An organization like Personnel Records should NEVER give the Department of Veteran’s Affairs the original files, like they do now, and
should be charged with the duty of protecting ALL personnel and medical records in behalf of the Veteran. Alternatively, another agency could
be formed for this duty.
9. Soldiers go through eight weeks of basic training and eight weeks of advance training to become a soldier. They are given about ten
minutes to be told they are now a civilian again. Re-entry to civilian life should take at least eight weeks of counseling and evaluation.
VI. TAX RELIEF
I went for tax relief once and was told I had to register my property at a certain time of the year so I didn’t get relief that year and the next I think
I missed the target. I don’t know if this has changed but it needs to be immediate upon registration at any time of year.
VII. ENOUGH CASE WORKERS AND BUDGET FINANCES
When was at the Taskforce meeting and I found out about a very believable cause of many of the past problems being not enough people and
money I added this part revised.
CURRENTLY a claim file gets bounced from worker to worker. EVERYTIME a new worker picks up the file the worker has to spend a possible
number of hours going through the file to “READ AND COME UP TO SPEAD”. One worker handling a file to conclusion and one review officer
for review will save a lot of time and money. ENOUGH PEOPLE AND MONEY IS A CRUCIAL AND AN INTEGRAL PART OF THIS
EMPLIMINTATION.
VIII. CODE TALKERS
I was in Intelligence and speak with firsthand knowledge for what I'm going to tell you here. Our people were trained for the potential of capture.
The training consisted of, “Take as many of the enemy with you as you can but save one bullet for yourself -capture is not an option. You can
expire or retire. There are no options in between.”
Code talkers agreed to inter the service and fight our foreign enemies with the knowledge that the soldier assigned to protect them was also
ordered to shoot them and make sure there were dead. The model of the intelligence community, at that time the Signal Corps, was “Better a
dead soldier in the hands of the enemy done red soldier.”
If the above is not " going above and beyond the call of duty without regard to the risk of personal life and limb " and deserving of the Medal of
Honor, I don't know what is. Like me, these people went through hell on earth and the hell continue to be a private hell for many years
thereafter because they couldn't tell anyone and had no way to share the burden or unload. This is why we need an intelligence section of the
VA to help soldiers who participated in classified actions!
IX. TERMINOLOGY DESCRIBING THE INDIGENOUS PEOPLE
When Columbus landed on American shores he thought he had reached India and called the people “Indians”. When the mistake was
discovered the terminology became “American Indians”. This was offensive so it was changed to “Native American” which was accepted
because our people were the only people truly Native to the lands of North America. Programs were written to benefit the “Native American”.
One of these programs is the Direct Loan from Congress. The intent of this program was to help the American Indian Veterans buy homes.
Courts decided that anyone born in America is a “Native American”. The terminology should be “Native American” for the indigenous people
and "American Born" for settlers, emigrants, and their descendants. Everyone needs to work together to get this corrected. A white, or any
outside ethnic group person, born in the Hawaiian Islands is not viewed as “Native Hawaiian” by the Samoans and the simple facts of the matter
demonstrate the fact that they are right. The same applies to all children who are born without the blood of the American “indigenous people”
flowing in their veins.
X. AN AMERICAN INDIAN VETERANS ORGANIZATION
All the information I've given in this document, and so much more, stands as testimony to the paramount need for American Indian Veterans
organization to be established by, and run by, American Indian Veterans in order to service the needs of the indigenous people of America!
The founding of this organization with the recognition and empowerment by the American government is long overdue. Our people perished
and continued to perish while government representatives played politics with a bill that would do the job. What follows is the picture formed by
historical fact and can be applied to all veterans returning from service! Changing it is and “Idea that is overdue”, so let’s get going!
XI. TRANSPORTATION FOR THE POOR, DISABLED, AND ELDERLY
1. Reservations and remote areas like the Williams field VA clinic services are in drastic need of a transportation system that will service a
large group that does not use the VA and suffers in silence!
2. Mobil emergency services are needed to take emergency care to remote areas, the poor, disabled, and elderly and stabilize their
condition so they can be transported to the VA Hospital.
XII STATE OF THE ART EQUIPMENT AND MEDICATION
Our Veterans gave “state of the art” bodies and service to our country. For decades the VA has been “saving money” by using outdated
equipment and medication. The new medications were developed to service areas of previous failures and take care of newly discovered
issues and areas. The same applies to the new equipment. Our veterans have literally died because the VA refused to use the latest
technology and equipment. The refusal was due to costs. I have VA doctors willing to testify to this and the rest of my paper that I have
prepared as requested.
XIII METHOD OF JOINING ISSUES
In the courts we have a “Motion for Joiner” that allows cases and issues to be joined together into one case and heard at one time. The VA
makes a decision that often overlooks issues, leaves them out, or fails to notify the veteran of their existence and potential recovery of benefits.
This drags things out with issues that have to be appealed and finished; and then the new issues have to be started. The picture and justice
would be drastically and positively affected by this, attorney representation from day one, and time performance requirements being placed on
VA.
The VA has hearings to decide only one or two issues despite the fact that the veteran has applied for several. This purposely strings out and
confuses the whole process. It more than quadruples the work and frustration for everyone. Twelve inches of documents become forty-eight
inches of documents. What should be clear becomes a thick fog no one can see through. Most deserving veterans give up. They know they
have been shafted and their families know they have been shafted. This does our country no good at all. It feeds the powder keg of
Government V. People
A veteran should be able to add issues to an appeal and cover why they were added instead of applied for up front. The issues should be
coverable and grantable so a veteran can go to court in a speedy and efficient manner if the benefits are denied. Mine have been drug out
over thirty-six years because of this and I am not the only one.
IV TOTAL DISCLOSURE
I just recently learned, in august of 2006, that VA and my other enemies have been putting false information in my file and not disclosing it to
me “because it might upset the veteran”. They are doing this to others too. This is nothing short of Liable and Slander tactics to present a case
that is greatly PREDJUDICED in favor of what VA wants or does not want. Anything the veteran cannot see and does not know about cannot be
answered or cleared up. Such material should be completely and totally thrown out, declared “not mentionable” and disallowed.
The VA sent one of my previous attorneys material they claimed was the “whole case” and over 50% was missing with bunches repeated as
filler so that a mention of a file four feet high would look four feet high. Material they claim they reviewed was not in the “whole file” despite the
fact that it was in the VA “cited” material.
I am alleged to have done something to Col. Lewis L. Millet, my mentor and a man I love and respect. I would never do anything to Col. Millet
and I have tape-recorded conversations to prove he remembered me and I did nothing to him. This kind of underhanded and deceptive
practice must be put to an end!
Submitted by Noel T. Benoist D. D.
National Historian for National American Indian Veterans
Co founder for NAIV
Past National Director of Public Relations for NAIV
Co founder and resource person for AITVA
Past Judge Advocate for DAV Chapter 8
Past Chaplain for DAV in Redding Ca.
Past: NSA operative/analyst
I. FISHING LICENSE FOR DISABLED VETS
I fought for and got the original free fishing license for disabled veterans. I refer to my October 21, 2005 letter to Governor Janet Napolitano,
attached herewith. (This was discussed at the taskforce meeting and it seems to be in the process of being taken care of.) This could be done
on a Federal level as a Federal license and access pass with mandated State recognition and acceptance; alternatively, a mandate for
matching State laws. I and II go together.
II. STATE AND FEDERAL GOLDEN ACCESS PASS FOR VETERAN'S
I have the Federal “Golden Access Pass” that allows me and my immediate family, or guest riding with me in my vehicle or their vehicle, free
access to National parks and campgrounds. I have rarely used it because I am on the “medical retirement as a greater benefit” and cannot
afford the gas required to drive back and forth to most of the parks and campgrounds that are too far away. I recommended and have fought
for a state access pass to go along with the free fishing license. Wording used for the Federal access pass could be used for the state access
pass. Alternatively, to save time and money, the state could merely recognize and accept the Federal pass!
As I said at the taskforce meeting:
1. A 100% service connected disabled veteran is getting approximately $2,400 a month if the veteran received the 100% service
connected rating after discharge from service and after eligibility for Social Security Disability, which would make the veteran “too far removed”
to receive SSD.
2. A 100% service connected disabled veteran that was medically discharged and applied for SSD gets approximately $3,600 per month.
3. A 100% non-service connected disabled veteran getting the “pension as a greater benefit” gets approximately $850 per month.
WHICH OF THE ABOVE HAS THE GREATER NEED FOR A FREE FISHING LICENSE AND FREE ACCESS TO STATE AND FEDERAL PARKS
AND RECREATION?
Number 3 above spends at least nine monthly checks for rent, utilities, car, telephone, and other necessities. This leaves about two hundred
dollars a month for food, gas, clothing, personal hygiene, laundry, over the counter medication, and other miscellaneous expenses. The only
way the budget can be met is by eating all the cheapest food, not medically good for a person, and buying it from stores that sell food with
expired pull dates. You sift out the worms and everything the wiggles and crawls, and then you cook the rest and eat it. When you eat an
occasional worm it is normally well done and will do no medical harm. Game and fish would be a welcome and healthy addition to the diet. As of
the date of this writing veterans in need can ill afford such a luxury! Those with partial disabilities are also, frequently, low income veterans
whose situation is largely due to their service connected disability. All veterans should receive a free or discounted hunting and fishing license.
Veterans with disabilities of 30% or more should get a free license while veterans with disabilities of 10% more Get a hunting and fishing license
at a 50% discount. Other veterans get a 20% discount on their hunting and fishing license.
III. RAISE MEDICAL RETIREMENT AS A GREATER BENEFIT
1. The above facts about the “pension as a greater benefit” and the fact that the amount paid is over 30% below the national poverty level
speaks to the fact that the “pension” should be at least $1,400 per month. This is as of this date in 2005.
Anything short of this amount shows our veterans zero respect and zero gratitude. It is a disgrace and dishonor to the men and women who
fought for this country with a willingness to sacrifice their lives. It is viewed as a control method because low-income people do not have the
financial means to travel to the VA and present their case, produce expensive presentations, or hire an attorney.
2. Another item that makes life extremely difficult, for American Indian Veterans and other low-income veterans, is the 11¢ per mile travel
pay to go to the VA hospital with $6 taken out of the first three visits. People who can't afford a fishing license can't afford $18 a month to visit
the VA hospital three times a month. With today's gas prices and the mpg older vehicles get each visit costs even more than what I have stated
here. Most low income veterans drive older vehicles.
3. The Graham-Rudman Act must be repealed. To save money Senators Graham and Rudman took money from our poor veterans.
Immediately following, they voted Congressman and Senators a raise. Instead of Honor and thanks this gave our veterans another slap in the
face!
4. In addition to the financial difficulties of getting to the VA hospital, our American Indian Veterans will not go to the hospital and ask for
help. The process is demeaning to the American Indian people. An outreach program, staffed by American Indian Veterans and people who
truly understand our needs, needs to be established. The program can reach out to American Indian Veterans and educate them on the fact
that they have earned and are owed what they're asking for.
IV. AN INDEPENDENT INVESTIGATIVE AND JUDICIAL GROUP
A. Currently, the VA must frequently act as the judge and prosecutor. This creates a conflict of interest and past wrongs being defended
instead of straightened out. The veteran should have an attorney whose only duty is to help the veteran get his/her due.
B. The veteran is not only disadvantaged in representation but also in time demands. The veteran must file a NOD, “Notice of
Disagreement” within one year of the mailing of a decision and the “substantive appeal” must be filed within 60 days of the “Statement of the
Case” from VA. The VA has no demands on VA for time performance. This is used to further frustrate and confuse the veteran and his/her
case. A Board could see to it that these VA time demands were met. If VA has not decided a case in one year the case should be viewed as
granted.
C. If there's in House problems or abuse, there is no means of safe, efficient, and fair for all rectification. The investigative board for
reviewing and correcting the problem must be separate in power or they can decide against what is right and “bury the problem” the way things
have gone in the past. Then perpetrators have discredited and pushed out those trying to get what is right. When people fear reprisal they will
not speak out nor help rectify and repair past and/or current wrongs.
D. The same problem listed in B. above exists within the veteran service organizations like the DAV, VFW, and others. I have numerous
witnesses and mounds of irrefutable evidence here too.
V. WHAT IS “TOO FAR REMOVED” AND HOW TO FIX IT
A. The older veterans and American Indians
1. WWII, Korean War, Vietnam, American Indian, and other older Veterans were put in a position of being discharged without proper
medical attention and diagnosis of their medical problems. They were not trained and skilled lawyers, they were not trained and skilled VA
claims officers, THEY WERE DISABLED and most were and are poor. Attorneys could not make over $10 representing a Veteran. Just try to get
an attorney for $10. At the meeting Jon Skelly said VA would pay back pay all the way to DOD. In the past, many of us were told VA only goes
back to the date of application. I think the 2006 court decision is the cause of the new practice, if it is actually being done and not turned down. I
can produce several witnesses here too.
a. They didn't have the money to get the required medical attention and diagnosis. They are told the injury was not documents within a
year of discharge and denied benefits.
b. The Veterans Administration of old would not perform the required medical examinations. Veterans should not be punished because of
this and saying that the condition was not documented within a year of service results in punishment for the Veteran when VA did not do the job
it was supposed to do.
c. Old methods of testing equipment could not and would not find the necessary results. Again the Veteran is punished with the same kind
of statement as “b” above.
d. No information was given to veterans in regard to the benefits they were eligible for. They are told they did not apply within a year of
discharge and are punished with denial or a reduction of benefits they should have received.
e. Mixed with the aforementioned, there was an added problem in the fact that the “fiduciary duty of the VA” was, and still is, actually
adversarial. Veterans need attorney power from day one. Enemies of this nation get an attorney. The VA uses QTC just like workman’s comp
and insurance companies that want a doctor to give them something they can use to deny the claim. This should stop and the “Primary Care
Physicians and Treating Physicians” should write the reports for ratings.
f. The VA of old would tell doctors what to write and claims were wrongfully turned down. The VA has been using the QTC in the same way
as insurance companies and workman’s comp companies have been using them to find what is needed to turn down a claim. Principe was
President of QTC, went to head of VA, and then went back to QTC. (I have tape recordings and other irrefutable evidence to prove what I have
just said.) I would rather remodel the VA House than tear it down and have to build another. The primary care physician and other VA health
care doctors should be used and able to render rating decisions without interference or dictates from VA claims.
g. In one case a veteran was told it was all in his mind when he complained about back problems and gave him 30% for being crazy.
Twenty plus years later a Doctor found and proved the back problem. VA said it was too long since discharge and denied the back claim and
then tried to take away the 30% for being craze because it was not in his mind.
h. In my case, despite the fact that I have records showing my complaints and disagreement from DOD to present day, VA has tried to say
my evidence and issues are “too far removed” from DOD. There are many others.
I used to think that the aforementioned was due to laziness and other despicable problems. Since my meeting with the veteran taskforce for
Arizona, the VA director Patrick Chorpenning, and the assistant director Jon Skelly; I have discovered that most of the past problems have been
because the VA has had about 1/6th the number of service workers they have needed to do the job and do it right. Under these conditions
people try to take short cuts. When they take short cuts they overlook important information and the veteran pays the price by being denied
benefits the veteran should get. I have always known that part of the problem has also been because of the way the laws have been written,
implemented, and funded. The above more that quadruples the costs of VA.
Without a diagnosis from military service doctors or a civilian doctor that is willing to say and prove that the injury is directly linked to time in
service, the VA decision is that the injury is not service connected; thus it is legally “too far removed”.
2. Many of the Vietnam and American Indian Veterans got little to no help for a rehabilitation and reentry into civilian life. They turned to
self-medication with drugs and alcohol. They withdrew from the rest of civilization. Simple “token demonstrations” and saying that the VA cares
about these Veterans is viewed as nothing more than “trinkets and beads”. A wise man once said, “What you do speaks so loudly that I cannot
hear what you say”. If the VA gets the service workers and budget required; then the VA gets old claims and Veterans properly taken care of;
everything will start to straighten out and come together. It will take a demonstration of true caring, sacrifice, and hard work. If the VA continues
to defend the VA of old, divisions will get worse. WHAT WILL HAPPEN TO OUR COUNTRY WHEN SOLDIERS ARE NEEDED IN THE FUTURE?
B. Veterans with classified records
For Veteran's that have served the intelligence community, we need a separate Veteran's board for benefits, records corrections, and appeals.
It could also handle internal affairs and prevent record alterations performed as retaliation or from other ulterior motives. This happened with
me in regards to my records. Thanks to Senator McCain I now have the evidence. The board needs to be able to tell the VA to grant a veteran
benefits without getting into classified information by divulging the reasons why. The veteran needs to be able to disclose classified information
to the board sufficient to prove and receive eligibility for benefits.
C. Future Veterans
1. Take care of all of the above.
2. Every veteran returning from conflict, and/or being discharged need to be told the following: “Your training and experience has made
you a soldier that won't wine because you don’t want to be called a winner, you won't talk about problems affecting your life and ability to work
because you don't want to be called a gold brick, and you won't talk about your injuries because you don't want to be called a wimp. Now is the
time to put all of that training and experience aside. You must wine; tells us ALL your problems affecting your work, you personally, and your
relationships with others; tell us every injury you have or if he might have, and tell us about every injury you have had or think you might have
had. You must also tell us about everything you have been exposed to OR think you have been exposed to. The next year or two is the most
important time of the rest of your life. It's crucial for you and your family to secure your future by means of full and total disclosure.
3. The VA should never guide a doctor in the performance of his duty to examine a veteran and write a report for Veteran's benefits. I have
tape recordings and witness sufficient to prove that this has been done in the past! The witnesses include veterans and doctor's who were
given such orders and threats that they would never work for the VA again if they fail to co-operate.
4. Train people to interview and go through the entirety of the Veterans service. This should include his time and activities on and off duty.
By way of example, an automobile accident that happens to veteran stationed in some state or country away from home is still the liability and
responsibility of the Veterans Administration. Just giving the veteran a pamphlet does not do the job. Most veterans wont read them and most
pamphlets are too hard to understand.
5. Help the veteran get buddy statements relating to any accidents and or possible exposure to anything that might prove harmful in the
future.
6. Make the Veterans Administration an organization that is fulfilling its “fiduciary” duty to the veteran and get rid of budget politics and
policies that make the entire process “adversarial”.
7. A minimum of two service officers should be assigned to each reservation and they should be American Indian or descendants of
American Indians who have knowledge of that tribe’s culture and history. Larger tribes with more Veterans should have more service officers.
8. An organization like Personnel Records should NEVER give the Department of Veteran’s Affairs the original files, like they do now, and
should be charged with the duty of protecting ALL personnel and medical records in behalf of the Veteran. Alternatively, another agency could
be formed for this duty.
9. Soldiers go through eight weeks of basic training and eight weeks of advance training to become a soldier. They are given about ten
minutes to be told they are now a civilian again. Re-entry to civilian life should take at least eight weeks of counseling and evaluation.
VI. TAX RELIEF
I went for tax relief once and was told I had to register my property at a certain time of the year so I didn’t get relief that year and the next I think
I missed the target. I don’t know if this has changed but it needs to be immediate upon registration at any time of year.
VII. ENOUGH CASE WORKERS AND BUDGET FINANCES
When was at the Taskforce meeting and I found out about a very believable cause of many of the past problems being not enough people and
money I added this part revised.
CURRENTLY a claim file gets bounced from worker to worker. EVERYTIME a new worker picks up the file the worker has to spend a possible
number of hours going through the file to “READ AND COME UP TO SPEAD”. One worker handling a file to conclusion and one review officer
for review will save a lot of time and money. ENOUGH PEOPLE AND MONEY IS A CRUCIAL AND AN INTEGRAL PART OF THIS
EMPLIMINTATION.
VIII. CODE TALKERS
I was in Intelligence and speak with firsthand knowledge for what I'm going to tell you here. Our people were trained for the potential of capture.
The training consisted of, “Take as many of the enemy with you as you can but save one bullet for yourself -capture is not an option. You can
expire or retire. There are no options in between.”
Code talkers agreed to inter the service and fight our foreign enemies with the knowledge that the soldier assigned to protect them was also
ordered to shoot them and make sure there were dead. The model of the intelligence community, at that time the Signal Corps, was “Better a
dead soldier in the hands of the enemy done red soldier.”
If the above is not " going above and beyond the call of duty without regard to the risk of personal life and limb " and deserving of the Medal of
Honor, I don't know what is. Like me, these people went through hell on earth and the hell continue to be a private hell for many years
thereafter because they couldn't tell anyone and had no way to share the burden or unload. This is why we need an intelligence section of the
VA to help soldiers who participated in classified actions!
IX. TERMINOLOGY DESCRIBING THE INDIGENOUS PEOPLE
When Columbus landed on American shores he thought he had reached India and called the people “Indians”. When the mistake was
discovered the terminology became “American Indians”. This was offensive so it was changed to “Native American” which was accepted
because our people were the only people truly Native to the lands of North America. Programs were written to benefit the “Native American”.
One of these programs is the Direct Loan from Congress. The intent of this program was to help the American Indian Veterans buy homes.
Courts decided that anyone born in America is a “Native American”. The terminology should be “Native American” for the indigenous people
and "American Born" for settlers, emigrants, and their descendants. Everyone needs to work together to get this corrected. A white, or any
outside ethnic group person, born in the Hawaiian Islands is not viewed as “Native Hawaiian” by the Samoans and the simple facts of the matter
demonstrate the fact that they are right. The same applies to all children who are born without the blood of the American “indigenous people”
flowing in their veins.
X. AN AMERICAN INDIAN VETERANS ORGANIZATION
All the information I've given in this document, and so much more, stands as testimony to the paramount need for American Indian Veterans
organization to be established by, and run by, American Indian Veterans in order to service the needs of the indigenous people of America!
The founding of this organization with the recognition and empowerment by the American government is long overdue. Our people perished
and continued to perish while government representatives played politics with a bill that would do the job. What follows is the picture formed by
historical fact and can be applied to all veterans returning from service! Changing it is and “Idea that is overdue”, so let’s get going!
XI. TRANSPORTATION FOR THE POOR, DISABLED, AND ELDERLY
1. Reservations and remote areas like the Williams field VA clinic services are in drastic need of a transportation system that will service a
large group that does not use the VA and suffers in silence!
2. Mobil emergency services are needed to take emergency care to remote areas, the poor, disabled, and elderly and stabilize their
condition so they can be transported to the VA Hospital.
XII STATE OF THE ART EQUIPMENT AND MEDICATION
Our Veterans gave “state of the art” bodies and service to our country. For decades the VA has been “saving money” by using outdated
equipment and medication. The new medications were developed to service areas of previous failures and take care of newly discovered
issues and areas. The same applies to the new equipment. Our veterans have literally died because the VA refused to use the latest
technology and equipment. The refusal was due to costs. I have VA doctors willing to testify to this and the rest of my paper that I have
prepared as requested.
XIII METHOD OF JOINING ISSUES
In the courts we have a “Motion for Joiner” that allows cases and issues to be joined together into one case and heard at one time. The VA
makes a decision that often overlooks issues, leaves them out, or fails to notify the veteran of their existence and potential recovery of benefits.
This drags things out with issues that have to be appealed and finished; and then the new issues have to be started. The picture and justice
would be drastically and positively affected by this, attorney representation from day one, and time performance requirements being placed on
VA.
The VA has hearings to decide only one or two issues despite the fact that the veteran has applied for several. This purposely strings out and
confuses the whole process. It more than quadruples the work and frustration for everyone. Twelve inches of documents become forty-eight
inches of documents. What should be clear becomes a thick fog no one can see through. Most deserving veterans give up. They know they
have been shafted and their families know they have been shafted. This does our country no good at all. It feeds the powder keg of
Government V. People
A veteran should be able to add issues to an appeal and cover why they were added instead of applied for up front. The issues should be
coverable and grantable so a veteran can go to court in a speedy and efficient manner if the benefits are denied. Mine have been drug out
over thirty-six years because of this and I am not the only one.
IV TOTAL DISCLOSURE
I just recently learned, in august of 2006, that VA and my other enemies have been putting false information in my file and not disclosing it to
me “because it might upset the veteran”. They are doing this to others too. This is nothing short of Liable and Slander tactics to present a case
that is greatly PREDJUDICED in favor of what VA wants or does not want. Anything the veteran cannot see and does not know about cannot be
answered or cleared up. Such material should be completely and totally thrown out, declared “not mentionable” and disallowed.
The VA sent one of my previous attorneys material they claimed was the “whole case” and over 50% was missing with bunches repeated as
filler so that a mention of a file four feet high would look four feet high. Material they claim they reviewed was not in the “whole file” despite the
fact that it was in the VA “cited” material.
I am alleged to have done something to Col. Lewis L. Millet, my mentor and a man I love and respect. I would never do anything to Col. Millet
and I have tape-recorded conversations to prove he remembered me and I did nothing to him. This kind of underhanded and deceptive
practice must be put to an end!
Submitted by Noel T. Benoist D. D.
National Historian for National American Indian Veterans
Co founder for NAIV
Past National Director of Public Relations for NAIV
Co founder and resource person for AITVA
Past Judge Advocate for DAV Chapter 8
Past Chaplain for DAV in Redding Ca.
Past: NSA operative/analyst
NOEL WAS SUCCESSFUL IN ACHIEVING A PATENT EVEN THOUGH THE
IDEA WAS SUCCESSFULLY TAKEN AND USED BY OTHERS BECAUSE NO
INTERNATIONAL PATENT PENDING WAS FILED. MORE CAN BE FOUND
AT:Fuel port sealing apparatus - US Patent 5658036Inventor(s). Noel
Benoist. Application. No. 510480 filed on 1995-08-02. Current US Class.
296/97.22 , Access cover for gas tank filler pipe 220/86.2 ...
www.patentstorm.us/patents/5658036-description.html - 34k - Cached
MORE EVIDENCE THAT HIS MIND AND INTELLIGENCE LEVEL ARE WHAT HE HAS ALWAYS CLAIMED AND NOT CONGRUENT WITH
THAT OF A FRAUD AND LIAR. A THOROUGH INVESTIGATION PROVES FAR LESS "SO CALLED DISCREPANCIES" IN NOEL'S FACTS
THAN IN THE ALLEGATIONS OF OTHERS! NOEL HAS IN EXCESS OF 20 ADDITIONAL INVENTIONS HE IS WAITING TO PATENT. THIS
WILL BE DONE WHEN FINANCES ARE AVAILABLE TO DO BOTH THE US AND INTERNATIONAL PATENT.
IDEA WAS SUCCESSFULLY TAKEN AND USED BY OTHERS BECAUSE NO
INTERNATIONAL PATENT PENDING WAS FILED. MORE CAN BE FOUND
AT:Fuel port sealing apparatus - US Patent 5658036Inventor(s). Noel
Benoist. Application. No. 510480 filed on 1995-08-02. Current US Class.
296/97.22 , Access cover for gas tank filler pipe 220/86.2 ...
www.patentstorm.us/patents/5658036-description.html - 34k - Cached
MORE EVIDENCE THAT HIS MIND AND INTELLIGENCE LEVEL ARE WHAT HE HAS ALWAYS CLAIMED AND NOT CONGRUENT WITH
THAT OF A FRAUD AND LIAR. A THOROUGH INVESTIGATION PROVES FAR LESS "SO CALLED DISCREPANCIES" IN NOEL'S FACTS
THAN IN THE ALLEGATIONS OF OTHERS! NOEL HAS IN EXCESS OF 20 ADDITIONAL INVENTIONS HE IS WAITING TO PATENT. THIS
WILL BE DONE WHEN FINANCES ARE AVAILABLE TO DO BOTH THE US AND INTERNATIONAL PATENT.
| WHEN NOEL WAS JUDGE ADVOCATE FOR THE EAST VALLEY CHAPTER OF THE DISABLED AMERICAN VETERANS, IN KEEPING WITH HIS DUTIES, HE GOT TOGETHER WITH THE EXECUTIVE OFFICERS AND BROUGHT VARIOUS WRONGS AND THEFT TO THEIR ATTENTION. THE APPROPRIATE PEOPLE FOLLOWED PROCEDURE WITH SEVERAL PLEAS ALL THE WAY UP THE CHAIN OF COMMAND. THE GUILTY PARTIES WERE "COVERED" BY NATIONAL BECAUSE THEY WERE HIGHER UP IN THE ORGANIZATION AND A FULL INVESTIGATION MAY HAVE LANDED BLAME AND PARTICIPATION INSIDE THE NATIONAL HEADQUARTERS ITSELF. A MOCK TRIAL WAS HELD WITH THE PEOPLE DOING THE RIGHT JOB INFORMED THAT THEY WOULD NOT BE ABLE TO OFFER ANYTHING SIGNIFICANT AND ONE OF THE ACCUSED WAS DECIDING WHAT WOULD AND WOULD NOT BE ALLOWED INTO EVIDENCE, WHAT COULD BE SHOWN, AND WHAT TESTIMONY COULD BE HEARD. THERE WAS A COURT CASE GOING ON SO THE "SO CALLED ACCUSED" WAITED TO TELL THEIR STORY THERE. THE DEPARTMENT MADE LITIGATION TOO EXPENSIVE SO THAT THE PEOPLE WOULD SETTLE RATHER THAN GO ALL THE WAY AND LOSE FOR "FAILURE TO PERFORM" WITH THE RESULT OF LOOKING GUILTY. THE LETTER BELOW IS JUST ONE EXAMPLE OF LETTERS AND EVIDENCE THAT WAS SENT TO STATE AND NATIONAL OFFICERS WHO COULD HAVE AND SHOULD HAVE DONE WHAT WAS REQUESTED. NOEL DOESN'T DO ANYTHING WITH NOR FOR DAV ANYMORE SO HE IS PUBLISHING THE STORY AND THE MATERIAL AS HE CAN. IF HE IS ABLE HE WILL PUBLISH THE WHOLE STORY AND EVIDENCE. ANOTHER ATTORNEY IS NEEDED TO FINISH THE CASE AND FILE A LAW SUITE FOR RETALIATORY PROSECUTION, LIBEL, SLANDER, CREATING A HOSTILE WORK ENVIRONMENT, DISCRIMINATION, FRAUD, THEFT, RICO, AND ANYTHING ELSE THAT IS FOUND VALID. NOEL AND OTHERS WERE PUT IN THE "AT LARGE" CHAPTER AND THE PERPETRATORS ACCUSE THEM FREELY IN THEIR ABSENCE AND WITHOUT ANY "REAL INVESTIGATION" OF THE EVIDENCE AND PRESENTATION OF THE WHOLE STORY. |
Arthur H. Wilson and Allan W. Bowers November 21, 2003
National Adjutant and National Commander
National Headquarters
Cincinnati, Ohio, and
National Service and Legislative Headquarters
Washington D.C.
Gentlemen:
This is our fifth attempt to get National DAV to look into what's going on with the
Department of Arizona and Chapter 8. Our meeting with Mr. Gushee should have, and
would have, settled the matter: if Department of Arizona would have abided by what was
said at that meeting.
The media, and the law enforcement agencies required to get things done right, have
been notified and given a packet showing the results of the investigation and evidence!
You were sent notice that this would happen if things were not handled correctly. This
notice was sent in June of 2003 during the Department convention. An attorney sent
additional notice approximately a week ago. This notice is being sent by order of chapter
Commander Darl Packer.
We have been told you're aware of the fact that Department Commander Phil Seward has
suspended Chapter 8 as of November 6, 2003. The bylaws in Section 6.4: paragraph 1:
(a) state that the state Commander MUST notify the chapter Commander and National
with a list of specific charges and that he must do this within 14 days of the suspension.
Department Commander Phil Seward has failed to do this despite the fact that he knows
the address and fax number of chapter Commander Darl Packer. This makes his
suspension void and Chapter 8 must be immediately reinstated! It also exposes the real
purpose!
Every time a Department Commander sees that our thrift store is doing approximately
$1.5 million a year in business, they make moves to try and take over our thrift store: or in
this case kill the thrift store, liquidate the assets, convert connections to the new
Department thrift store, and sell the chapter property. We have plenty of evidence in this
regard and now the press does too. This is your last chance to have an investigator come
examine everything going on at Chapter and Department levels. Doing this properly now
could save "egg on your face" when the news media breaks with the various stories. The
chapter has followed exhaustion of remedies and had the solution from National until
Department refused to go by what was said. Proper follow-up could save National in court.
It is time to stop "backing" Department no matter what and take the fox out of the
henhouse! You need to get together with the Chapter 8 officers and members, without
Department able to mark individuals for reprisal, and hear us out completely as the
servants of membership the way you're supposed to be.
Sincerely,
Sr. Vice Lyle E. Allen, for
Commander Darl Packer
National Adjutant and National Commander
National Headquarters
Cincinnati, Ohio, and
National Service and Legislative Headquarters
Washington D.C.
Gentlemen:
This is our fifth attempt to get National DAV to look into what's going on with the
Department of Arizona and Chapter 8. Our meeting with Mr. Gushee should have, and
would have, settled the matter: if Department of Arizona would have abided by what was
said at that meeting.
The media, and the law enforcement agencies required to get things done right, have
been notified and given a packet showing the results of the investigation and evidence!
You were sent notice that this would happen if things were not handled correctly. This
notice was sent in June of 2003 during the Department convention. An attorney sent
additional notice approximately a week ago. This notice is being sent by order of chapter
Commander Darl Packer.
We have been told you're aware of the fact that Department Commander Phil Seward has
suspended Chapter 8 as of November 6, 2003. The bylaws in Section 6.4: paragraph 1:
(a) state that the state Commander MUST notify the chapter Commander and National
with a list of specific charges and that he must do this within 14 days of the suspension.
Department Commander Phil Seward has failed to do this despite the fact that he knows
the address and fax number of chapter Commander Darl Packer. This makes his
suspension void and Chapter 8 must be immediately reinstated! It also exposes the real
purpose!
Every time a Department Commander sees that our thrift store is doing approximately
$1.5 million a year in business, they make moves to try and take over our thrift store: or in
this case kill the thrift store, liquidate the assets, convert connections to the new
Department thrift store, and sell the chapter property. We have plenty of evidence in this
regard and now the press does too. This is your last chance to have an investigator come
examine everything going on at Chapter and Department levels. Doing this properly now
could save "egg on your face" when the news media breaks with the various stories. The
chapter has followed exhaustion of remedies and had the solution from National until
Department refused to go by what was said. Proper follow-up could save National in court.
It is time to stop "backing" Department no matter what and take the fox out of the
henhouse! You need to get together with the Chapter 8 officers and members, without
Department able to mark individuals for reprisal, and hear us out completely as the
servants of membership the way you're supposed to be.
Sincerely,
Sr. Vice Lyle E. Allen, for
Commander Darl Packer
MORE WILL BE PUBLISHED IN THE PERPETRATOR AND DAV BATTLE PORTIONS OF THIS SITE.
Latest Postings
No one has had time to spend on keeping after this site. It was put up to try and answer some of the lies out there. It is
obvious the “boys” visited and changed the site because some documents have been removed. One of them probably
should have been as it was posted in haste. The others were and are NOT a threat to National Security even though
they might be egg on the face of NSA and their policies and procedures. Now we will post some of the latest as of
07/05/2009 – the first day after Independence Day, which is what this site is all about!
Noel Benoist ran for Mayor of Apache Junction to help people who wanted him to run and to get some issues heard in
hopes that the current administration would straighten up and “serve” the people instead of furthering personal agendas.
The AJ News reported that he claimed he would have been in the new Whitehouse if John McCain got elected and it was
a gross misquote of the real statement and interview. He told the reporter that he helped on the campaign and said John
McCain would be the candidate when everyone else had him down and out. Noel told the reporter that he was and is a
member of the Veteran Advisory Board for the Republican Party Chairman of Arizona and he is a friend of three to four
of the McCain advisors. His friends said it would be nice to work with him in DC and told him to stay handy and submit an
application if John McCain got elected. The friends would give him a favorable recommendation. Everyone knew any and
all final decisions would be up to John McCain but Noel felt he had a good chance.
When the reporter asked what position Noel would have Noel repeated, “I don’t and didn’t even know if there would be a
position: there was a good chance of one. I have helped veterans, elderly, disabled, worked with the law, legal research,
legislation, and a lot of fields where I could be a help.” This was not only later grossly misquoted but the paper out and
out lied in two later article in which the paper claimed the Noel claimed to be an attorney but was not a member of the
BAR. Noel has NEVER claimed to be an attorney and did not need to be a member of the BAR when he stood for justice
and went against the city of Phoenix Planning and Zoning as well as some large corporations and banks and
represented himself in a number of cases. These cases claimed to be non-existent by the City attorney who later claimed
Noel was litigious when another Mayoral Candidate challenged the city and county in the election results and Noel
helped by giving a statement to the candidate.
Noel did not spend a lot of money and effort in the election because he had already been forewarned that the
incumbents had already encouraged friends to take signs of the competition and use ‘smear and fear’ against Noel. The
paper also reported false allegations challenging Noel’s Military record and using POW Network/Fake Warrior for
disinformation typical of government. Schantag’s rightly claimed they filed complaints with the FBI for “Stolen Valor” but
they left out the fact that they sent their allegations to EVERY agency in existence and that they started their campaign
against Noel long before their stated filing date. They said the FBI has a backlog of Stolen Valor cases. In the interim
Noel and others have seen two arrests and prosecution that took place within six months of the complaints being filed.
The complaint against Noel is now well over FOUR YEARS OLD and WILL NEVER BE PROSECUTED because Noel is
whom he has said and did what he has said. He holds the evidence in a secure place just in case it is ever needed.
There is more evidence than what is on the web and the web is, or should be enough.
Noel finally located an old friend who knew Noel when he was “covert” and the old friend was a high official in the FBI and
“overt”. They met during the Washington D. C. riots when NSA sent “the Big Guns” to find the problem and solve it. Noel
was the “Big Guns” sent. When Noel became a “whistle blower” and government started working against him with “smear
and fear” and the use of “disinformation” while attempting to block file access “in the interest of National Security” it got
that attention of a number of higher up agents.
Ted Gunderson was a top agent for the FBI and was put in the FBI Hall of Fame. He was considered for the position of
Director but wanted to be the Special Agent in Charge for the Investigation Division until he retired; and that is what he
did. He was the head agent in the Okalahoma City Bombing, and many other high profile cases. After retirement Ted
became a whistle blower and the “inner sanctum” started using smear and fear against him. Ted visited Arizona and
stayed at Noel’s place. He spoke to the AAMHO District 2 meeting and endorsed who Noel was and is.
Ted also called the newspapers and told them he validated Noel and endorsed him as “the best possible candidate for
Mayor” but that never went to print. It is also very interesting that the AAMHO notices for the meeting did NOT get
delivered and arrived back at the AAMHO headquarters the same day of the meeting. They were “undelivered” by the U
S Post Office with NO reason why.
An old friend and Christian brother who used to truck and write articles with Noel located him about the same time and
also called the paper and validated Noel’s ministry and accuracy. THAT never went to print either! As of this week they
are co-hosting a Christian Radio program designed to make Christians think for themselves and “dig into the WORD”.
The old friend and brother is Bill Clade and the show is the “Bill Clade Show” on American Voice Radio. If you web
search the show and American Voice Radio you will find a number of links to listen in.
AMERICA NEEDS TO WAKE UP SPIRITUALLY AND POLITICALLY!
The government is NOT supposed to influence the church nor establish a state church but the government and our
leaders ARE supposed to be the kind of leaders GOD wants them to be and they ARE to be influenced BY the church
and what God tells us about wise leadership!
No one has had time to spend on keeping after this site. It was put up to try and answer some of the lies out there. It is
obvious the “boys” visited and changed the site because some documents have been removed. One of them probably
should have been as it was posted in haste. The others were and are NOT a threat to National Security even though
they might be egg on the face of NSA and their policies and procedures. Now we will post some of the latest as of
07/05/2009 – the first day after Independence Day, which is what this site is all about!
Noel Benoist ran for Mayor of Apache Junction to help people who wanted him to run and to get some issues heard in
hopes that the current administration would straighten up and “serve” the people instead of furthering personal agendas.
The AJ News reported that he claimed he would have been in the new Whitehouse if John McCain got elected and it was
a gross misquote of the real statement and interview. He told the reporter that he helped on the campaign and said John
McCain would be the candidate when everyone else had him down and out. Noel told the reporter that he was and is a
member of the Veteran Advisory Board for the Republican Party Chairman of Arizona and he is a friend of three to four
of the McCain advisors. His friends said it would be nice to work with him in DC and told him to stay handy and submit an
application if John McCain got elected. The friends would give him a favorable recommendation. Everyone knew any and
all final decisions would be up to John McCain but Noel felt he had a good chance.
When the reporter asked what position Noel would have Noel repeated, “I don’t and didn’t even know if there would be a
position: there was a good chance of one. I have helped veterans, elderly, disabled, worked with the law, legal research,
legislation, and a lot of fields where I could be a help.” This was not only later grossly misquoted but the paper out and
out lied in two later article in which the paper claimed the Noel claimed to be an attorney but was not a member of the
BAR. Noel has NEVER claimed to be an attorney and did not need to be a member of the BAR when he stood for justice
and went against the city of Phoenix Planning and Zoning as well as some large corporations and banks and
represented himself in a number of cases. These cases claimed to be non-existent by the City attorney who later claimed
Noel was litigious when another Mayoral Candidate challenged the city and county in the election results and Noel
helped by giving a statement to the candidate.
Noel did not spend a lot of money and effort in the election because he had already been forewarned that the
incumbents had already encouraged friends to take signs of the competition and use ‘smear and fear’ against Noel. The
paper also reported false allegations challenging Noel’s Military record and using POW Network/Fake Warrior for
disinformation typical of government. Schantag’s rightly claimed they filed complaints with the FBI for “Stolen Valor” but
they left out the fact that they sent their allegations to EVERY agency in existence and that they started their campaign
against Noel long before their stated filing date. They said the FBI has a backlog of Stolen Valor cases. In the interim
Noel and others have seen two arrests and prosecution that took place within six months of the complaints being filed.
The complaint against Noel is now well over FOUR YEARS OLD and WILL NEVER BE PROSECUTED because Noel is
whom he has said and did what he has said. He holds the evidence in a secure place just in case it is ever needed.
There is more evidence than what is on the web and the web is, or should be enough.
Noel finally located an old friend who knew Noel when he was “covert” and the old friend was a high official in the FBI and
“overt”. They met during the Washington D. C. riots when NSA sent “the Big Guns” to find the problem and solve it. Noel
was the “Big Guns” sent. When Noel became a “whistle blower” and government started working against him with “smear
and fear” and the use of “disinformation” while attempting to block file access “in the interest of National Security” it got
that attention of a number of higher up agents.
Ted Gunderson was a top agent for the FBI and was put in the FBI Hall of Fame. He was considered for the position of
Director but wanted to be the Special Agent in Charge for the Investigation Division until he retired; and that is what he
did. He was the head agent in the Okalahoma City Bombing, and many other high profile cases. After retirement Ted
became a whistle blower and the “inner sanctum” started using smear and fear against him. Ted visited Arizona and
stayed at Noel’s place. He spoke to the AAMHO District 2 meeting and endorsed who Noel was and is.
Ted also called the newspapers and told them he validated Noel and endorsed him as “the best possible candidate for
Mayor” but that never went to print. It is also very interesting that the AAMHO notices for the meeting did NOT get
delivered and arrived back at the AAMHO headquarters the same day of the meeting. They were “undelivered” by the U
S Post Office with NO reason why.
An old friend and Christian brother who used to truck and write articles with Noel located him about the same time and
also called the paper and validated Noel’s ministry and accuracy. THAT never went to print either! As of this week they
are co-hosting a Christian Radio program designed to make Christians think for themselves and “dig into the WORD”.
The old friend and brother is Bill Clade and the show is the “Bill Clade Show” on American Voice Radio. If you web
search the show and American Voice Radio you will find a number of links to listen in.
AMERICA NEEDS TO WAKE UP SPIRITUALLY AND POLITICALLY!
The government is NOT supposed to influence the church nor establish a state church but the government and our
leaders ARE supposed to be the kind of leaders GOD wants them to be and they ARE to be influenced BY the church
and what God tells us about wise leadership!