Wisconsin Pilot, USAF Veteran & Attorney Advocates For Fellow Vet’s Disability Benefits

WATERLOO, WIS. – In a letter to U.S. Senators Tammy Baldwin and Ron Johnson, and U.S. Congressman Mark Pocan, pilot, U.S. Air Force veteran and attorney, Alvin E. Whitaker, Waterloo, Wis., has requested that the federal government recognize the injuries suffered by former F-105 Thunderchief pilot, Richard J. Maxwell, Sun Prairie, Wis., and increase his disability payments. Whitaker is a seven-year veteran and was a crew chief on F-105s for one year while stationed in Southeast Asia during the Vietnam War. Whitaker wrote:

“Dear Senators and Representative, I am submitting this letter on behalf of a fellow serviceman and Vietnam veteran, Richard J. Maxwell, in the hope that you will intervene on his behalf to correct what I believe to be a “terrible wrong.

“Captain (Ret.) Maxwell has been engaged in a seemingly unending struggle with the Veterans Administration over his military retirement pay.

“Richard J. Maxwell (hereinafter ‘Max’) entered the USAF in January of 1965. He was commissioned a Second Lieutenant on March 1, 1965, and thereafter began his training in undergraduate pilot training in mid-March 1965, and advanced training in April of the following year.

“After a six-month stay at Nellis AFB, Max was given a permanent change of station (PCS) assignment to the 67th Tactical Fighter Squadron (TFS), Kadena AFB, Okinawa in November 1966. From Kadena, Max was assigned Temporary Duty (TDY) to Takhli Royal AFB (March 1967), only to again be returned to Kadena.

“His second TDY assignment to Takhli was in June 1967, followed again by a return to Kadena. Upon his request, Max was granted a PCS assignment to the 333rd Fighter Squadron, Takhli, Thailand, in August 1967. This voluntary combat assignment involved flying Republic F-105 fighter-bombers into North Vietnam against some of the most heavily defended targets in the history of aerial warfare.

“I have highlighted Max’s career in this detailed manner in order to illustrate his unadulterated, selfless commitment to duty and his willingness to go anywhere, at any time, under any circumstances for his country. His record speaks for itself.

“The aircraft flown by Max, the Republic F-105 Thunderchief, is – to say the least – an awesome machine of war. It was, and remains, the largest single-engine jet fighter ever built. During the war, it flew 75% of the missions flown into North Vietnam, as well as a few in the South in support of ground operations. During his tour with the 333rd TFS, Max flew 56 missions. Mission 57 would be different.

“On January 15, 1968, Max experienced a total engine failure shortly after takeoff (for a night mission). The aircraft, burdened with a heavy load of ordinance and fuel, struggled against the inevitable. The crash landing, which followed, was horrific, causing Max massive, nearly fatal, bodily injury necessitating nearly a year of hospitalization  (January – September 1968), followed by extensive rehabilitation. As a result of the accident, Max was offered the following choices:

a. Accept compensation under the Veterans Administration. Accepting this option would have mandated that Max undergo periodic reevaluation to determine eligibility to continue to receive benefits, and at what level.

b. Alternatively, take Air Force medical retirement. This option, selected by Max, would result in compensation equivalent to 75% of a captain’s base pay for the remainder of his life and as adjusted under Cost of Living Allowance (COLA).

“On October 7, 1968, Max retired from USAF service by reason of permanent physical disability (see DD Form 214).

“The present discord stems from a disagreement with the Veterans Administration with respect to whether Max’s January 1968 crash qualifies as “Combat-Related Special Compensation” (CRSC). Rather than attempt a third-party presentation of the relevant facts and governing law, I will defer to the airman himself (see attached letter). Max’s contact information is as follows: Richard J. Maxwell, 4918 Thorson Road, Sun Prairie, WI 53590; (608) 244-5173, (608) 244-0898, (608) 334-4426.

“I apologize for failing to contact you in a more timely manner with respect to this very serious matter. That said, it would have broken the bonds of brotherhood had I sat idly by while this fellow veteran struggles to receive what he sacrificed so much to earn. Surely our country is better than that. I ask for your help in righting this terrible wrong. Alvin E. Whitaker, 6422 York Heights Road, Waterloo, WI  53594.”

EDITOR’S NOTE: If and when this matter is resolved, it will be reported in a future issue of Midwest Flyer Magazine.

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