Petition for Writ of Certiorari — Preston L. Drane, Petitioner v. Stephania Drane
Supreme Court briefMay 10, 2022
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APPENDIX
i
APPENDIX
TABLE OF CONTENTS
Appendix A Opinion in the District Court of
Appeal of the State of Florida Fifth
District
(February 22, 2022) . . . . . . . . . . . App. 1
Appendix B Supplemental Final Judgment of
Dissolution of Marriage in the Circuit
Court of the Eighteenth Judicial
Circuit in and for Brevard County, Florida
(December 16, 2020) . . . . . . . . . . . App. 3
Appendix C Medical Board Report
(January 10, 2022) . . . . . . . . . . . . App. 9
Appendix D Certificate of Release or Discharge
from Active Duty
(November 24, 2020) . . . . . . . . . . App. 10
Appendix E Letter from Defense Finance and
Accounting Service dated February 14,
2018
(November 24, 2020) . . . . . . . . . . App. 11
Appendix F Letter from Defense Finance and
Accounting Service dated October 5, 2017
(November 24, 2020) . . . . . . . . . . App. 17
Appendix G Transcript Excerpt
(November 24, 2020) . . . . . . . . . . App. 19
ii
Appendix H Transcript Excerpt, Hearing Before
Judge Roberts in the Circuit Court of
the Eighteenth Judicial Circuit in and
for Brevard County, Florida
(January 16, 2021) . . . . . . . . . . . App. 21
Appendix I Special Order in the Department of
the Air Force Washington DC 203305026 dated May 26, 2010
(November 24, 2020) . . . . . . . . . . App. 31
App. 1
APPENDIX A
IN THE DISTRICT COURT OF APPEAL OF
THE STATE OF FLORIDA
FIFTH DISTRICT
Case No. 5D21-193
LT Case No. 2017-DR-22905
[Filed: February 22, 2022]
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
_________________________________
PRESTON L. DRANE,
)
)
Appellant,
)
)
v.
)
)
STEPHANIA DRANE,
)
)
Appellee.
)
_________________________________)
Decision filed February 22, 2022
Appeal from the Circuit Court for Brevard County,
Charles J. Roberts, Judge.
Andrew B. Greenlee, of Andrew B. Greenlee, P.A.,
Sanford, for Appellant.
App. 2
John N. Bogdanoff, of The Carlyle Appellate Law Firm,
Orlando, for Appellee.
PER CURIAM.
AFFIRMED.
LAMBERT, C.J., WALLIS and EISNAUGLE, JJ.,
concur.
App. 3
APPENDIX B
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
CASE NO. 05-2017-DR-022905-XXXX-XX
[Filed: December 16, 2020]
_________________________________
IN RE: THE MARRIAGE OF
)
)
PRESTON DRANE,
)
Petitioner,
)
and
)
)
STEPHANIA DRANE,
)
Respondent.
)
_________________________________)
SUPPLEMENTAL FINAL JUDGMENT OF
DISSOLUTION OF MARRIAGE
1.
This Court entered a Final Judgment of
Dissolution of Marriage on February 21,
2020, that reserved on the valuation and
distribution of each party’s retirement.
2.
The Court held a hearing on all issues
related to the parties’ respective retirement
pay and pensions on November 24, 2020.
Present before the Court, via Microsoft
Teams, at this hearing was the Former Wife
and her attorney Maria Henderson and the
App. 4
Former Husband and his attorney, Jane
Carey.
3.
At this hearing, the Court heard testimony
from both parties. The Court also heard
testimony from the Former Wife’s expert,
Timothy Voit. Although the Former Husband
testified as a fact witness, the Court allowed
him to offer an opinion as the Court found he
had unique experience in the area of military
retirement pay. The Court also finds that a
witness can offer an opinion as to the value of
his or her own property.
4.
After hearing testimony of all the witnesses,
reviewing all the evidence introduced at the
hearing, hearing the oral argument of the
Former Wife’s counsel and reviewing the
written argument of the Former Husband’s
counsel, the Court accepts the opinion of the
Former Wife’s expert, Timonthy Voit, in
regards to both parties’ retirement pay.
5.
As for the Former Husband’s retirement pay,
the Court finds that it is retirement pay and
that the portion accrued during the marriage
is subject to equitable distribution.
6.
The Former Husband has 23 years of
military service. The parties were married
for 9.22 years of the time in which the
Former Husband was in the military. Having
accrued over 20 years of full-time active
military service, the Former Husband
App. 5
accrued sufficient years to retire with full,
unreduced benefits.
7.
The Former Husband’s plan has a cost-ofliving-adjustment (COLA) indexed to the
Consumer Price Index (CPI). The Former
Wife shall be entitled to one-half of the
marital portion of the Former Husband’s
retirement pay, along with any cost-ofliving-adjustments (COLA).
8.
The Former Wife may have a Military Order
prepared to obtain her portion of the Former
Husband’s retirement pay. The Former Wife
shall bear the initial cost of this. If DFAS
accepts the Order, the Former Husband shall
reimburse one half of the cost of the
preparation of the Military Order to the
Former Wife within 14 (14) days of DFAS
accepting the Order. If DFAS does not accept
the Military Order, the Former Husband
does not have to reimburse the preparation
cost, but shall continue to pay the Former
Wife directly.
9.
The Former Husband is currently receiving
$2,185.00, of which the Former Wife’s portion
is $437.95. Absent a Military Order, the
Former Husband shall pay this amount
directly to the Former Wife. The after-tax
amount that the Former Husband shall pay
directly to the Former Wife is $415.82 per
month. The Former Husband shall remit
payment to the Former Wife within 48 hours
of receiving the payment. This payment shall
App. 6
commence upon the Former Husband
receiving his next payment and shall
continue each and every month thereafter.
The Former Husband shall include the
Former Wife’s share of any COLA increase
that is received in the future.
10.
The Court finds that the Former Husband
has been receiving the entire retirement pay
since the filing of this case on April 10, 2017.
The Former Husband owes forty-four (44)
months of retroactive payments to the
Former Wife in the total amount of
$19,269.80. Commencing with his next
payment, the Former Husband shall repay
this amount at the rate of $200.00 per
month, continuing each and every month
thereafter until paid in full. Once the Former
Husband’s child support obligation
terminates, the Former Husband shall
continue to make payments to the Former
Wife in the amount of $315.75, which shall
be applied to the retroactive amount due, in
addition to the $200.00.
11.
The Former Husband shall name the Former
Wife as the beneficiary of this plan and shall
cooperate in electing Survivor Benefits on
behalf of the Former Wife.
12.
The Court finds that the Former Wife has a
pension through the Federal government.
The Former Wife was in the military from
1996 to 2008. Upon leaving the military, the
Former Wife did not have any retirement.
App. 7
The Former Wife gained employment with
the Federal government in 2010. The Former
wife “bought-back” or purchased military
time after the filing of dissolution and using
non-marital funds. The Court finds that the
years purchased following the filing of this
case with non-marital funds to be nonmartial.
13.
The marital portion of the Former Wife’s
pension is 7.23 years.
14.
The Former Husband shall be entitled to
$130.15 per month of the Former Wife’s
pension upon her retirement and drawing of
the pension. The Former Husband shall be
entitled to cost-of-living-adjustments (COLA)
on his share of the pension, if any are
received. The Former Wife shall notify the
Former Husband thirty (30) days prior to her
planned retirement. If the Former Husband
is paying the Former Wife directly at that
time, he shall be entitled to offset his share of
the Former Wife’s pension from the amount
of the Former Wife’s share of his retirement
pay that he is paying. If the Former Wife’s
share of the former Husband’s retirement
pay is being paid by military order, the
parties shall submit an Amended Military
Order or in the alternative, the former Wife
shall remit the Former Husband’s share
directly to the Former Husband.
App. 8
15.
The Court retains jurisdiction over the
parties and subject matter for all lawful
purposes.
16.
All previous Orders not modified herein
remain in full force and effect.
DONE AND ORDERED this 16th day of December,
2020 at the Morre Justice Center, Viera, Florida.
/s/ Charles Roberts
Honorable Charles Roberts
cc Maria Henderson, Attorney for the Former Wife
cc Jane Carey, Attorney for the Former Husband
App. 9
APPENDIX C
MEDICAL BOARD REPORT
[Dated: January 10, 2022]
[See Fold-Out Exhibit]
MEDICAL BOARD REPORT
1. INSTALLATION AT WHICH CONVENED
3. NAME (Last, First, Middle Initial)
4. GRADE
DRANE, PRESTON L.
7. DEPT OR SERVICE
8. ORGANIZATION
12. SEPARATION/
RETIREMENT DATE
20101009
13. HOSPITAL INITIALLY ADMITTED
NIA
TITLE
CODE
Flight Chief Command Support Staff
4A071
22
41
15. HOME ADDRESS
NIA
ACTIVE
11.AGE
19680831
14. TRANSFERRED FROM
17. TOTAL YEARS
MILITARY
SERVICE
16. MILITARY OCCUPATIONAL SPECIALTIES
6. COMPONENT
REG
10. DATE OF BIRTH
(Yr, Mo, day)
, 9.S~
375 MDSS/SGSOP
~l 0~h /0
5. SSN
MSGT
USAF
2. DATE CONVENED
375th MDG SCOTT AFB IL 62225
(This form is subject to the Privacy Act of 1974 - Use Blanket PAS - OD Form 2005)
4108 BASSEN DRIVE
SWANSEA IL 62226
18. DATE ENTERED AD CURRENT TOUR 19870902
19. AERO RATING
IINACTIVE 20. ON FLYING STATUS ON ADMISSION
-
YES
21. DATE RELIEVED FROM FLYING STATUS
I NO
22. BY DIRECTION OF THE APPOJNTING AUTHORITY, THE BOARD CONVENED TO CONSIDER THE CASE OF THE ABOVE NAMED MEMBER.
A. UNDER PROVISIONS OF THE FOLLOWING DIRECTIVES:
~I
AFl44-113AND48-123
OTHER (Specify) AF! 36-3212
B. FOR THE PURPOSE OF:
I I MANUAL FOR COURTS-MARTIAL IXI CONTINUED ACTIVE DUTY
I SEPARATION/RETIREMENT
23.
I EPTS DEFECTS
I OTHER (Specify)
DIAGNOSIS AND FINDINGS
AFTER CONSIDERATION OF CLINICAL RECORDS, LABORATORY FINDINGS, AND PHYSICAL
EXAMINATION, THE BOARD ESTABLISHES THE FOLLOWING DIAGNOSIS: (List all diagnoses, in
accordance with applicable direct(ves, which contribute or may contribute to make the
qualifications of the individual for worldwide duty questionable. Include any competency
determinations. (DFAS-DE MANUAL 177-173).
A
Diabetes Mellitus Sep 2009
Obstructive Sleep apnea treated with CPAP Jul 2009
Chronic back pain (2008) s/p laminotomy, foramenotomy,diskectomy 5 Sep 08
and L5-Sl PLIF 21 Jul 2009
Coronary Artery Disease with angina Jan 2008
APPROXIMATE
DATE
OF ORIGIN
B
Sep 2009
INCURRED
WHILE
ENTITLED
TO BASIC
PAY
EXISTED
PRIOR TO
SERVICE
YES
C
YES
E
NO
D
X
X
X
NO
F
X
X
X
X
PERMANENTLY
AGGRAVATED BY
SERVICE
YES
G
NO
H
YES
NO
X
ADMIN LOD - YES/DLC FORt\1 4691\1/WQ - NO
24. SANITY DETERMINATION (To be completed for sanity board cases only.) (Manual for Courts-Martial)
A. IS THIS A DISEASE OR DEFECT OF THE MIND AS DISTINGUISHED FROM A CHARACTER DEFECT?
B. DID THE ACCUSED, AT THE TIME OF THE ALLEGED OFFENSE AND AS A RESULT OF MENTAL DISEASE OR DEFECT, LACK SUBSTANTIAL
CAPACITY TO APPRECIATE THE CRIMINALITY OF THIS CONDUCT?
C. DID THE ACCUSED, AT THE TIME OF THE ALLEGED OFFENSE AND AS A RESULT OF MENTAL DISEASE OR DEFECT, LACK SUBSTANTIAL
CAPACITY TO CONFORM HIS/HER CONDUCT TO THE REQUIREMENTS OF THE LAW?
[]
D. DID THE ACCUSED HAVE THE MENTAL CAPACITY TO FORM THE SPECIFIC INTENT OR REQUIRED STATE OF MIND?
25. Ar.TION RECOMMENDED BY BOARD (or directed by higher authority)
CR.gFER TO IPEP;fH./,J/IIIIII / ~
BOARD MEMBERS /l
26.
~G1,1,qr;l;}R,1t (Place check after signature of psychiatrist)
TYPED NAME. G~DE, ARM OF SERVICE
PRESIDENT ROBERT KENT, LT COL, USAF, MC, SFS
MEMBER
KATHLEEN ANKERS, COL, USAF, MC, FS
MEMBER
ADRIAN BARCUS, MAJ, USAF, MC
'Z.viOOj'l~I,,,
~·
B. BOARD RECOMMENDATION 1
>'-I
I
APPROVED
DISAPPROVED
1'fYViVW'--=-
Jo1001Js
D.S~/4
--:;~
C. TYPED NAME, GRADE, SERVICE
JILL~ STERLING, Col, USAF, MC, FS
Commander
l
29. I HAVE BEEN INFORMED OF THE FINDINGS AND RECOMMENDATIONS OF THE MEDICAL BOARD.
A:OATE
BcSIG~S~M*
./1.J~
,,,...- .,
\
--
,
PREVIOUS EDITION IS OBSOLETE.
815
NO
,i:,, ,,.,..._,,
j
I
C,°LETTER·OFEXCiPTION•ATTACHED
YES
s;;::=..,,,-
tIr, applicable indicate reason for disapproval on reverse.
AF lMT 618, 19951001, V2
27. MINORITY
REPORT
ON
REVERSE
.-¥/
HOSPITAL COMMANDER OR DESIGNEE
28.
A. DATE REVIEWED
A
~I
NO
NIA
X
INFORMAL
FORMAL
I. THE BOARD CONVENED AT
Ra11dol1Jh AFB TX 78150-4 708
2. A QUORUM WAS PRESENT AS INDICATED ON EXHIBIT A
4. MEMBER'S NAME (Last, First, Middle Initial)
5. GRADE
DRANE, PRESTON L.
10 May 10
PER ATTACHED ORDERS (EXHIBIT A)
I 3. EXHIBITS ATrACHED: A, B,
6. SSN
7. YEARS OF SERVICE
UNDER IO USC 1208
MSgt
8. COMPONENT
REG AF
X
USAFR
22
9. FIND IN GS CONCERNING INDI VIDUAL DEFECTS OR CONDITIONS
COLUMN A - Include degree of severity.
COLUMN C - Enter "YES" for in line of duty, "M" for intentio nal misconduct, "N" for
willful neglect, "A" for incurred during a period of unauthorized absence, or
"NA" .
COLUMNS B and D- Enter "Y ES", "NO", or "NA".
COLUMNS E and F - Sel f-explaiiatory.
A.
DATE
FINDINGS AND RECOMMEN DED DISPOSITIO N OF
USAF PHYSICAL EV ALVA TION BOARD
ANG
I! i;i~
~ii lil1 I
BJ 1~ =~~1
.
Ii ;~ iii i
~~r.
~[,l
~§
,-10
DI AGNOS IS
CATEGORY I - UNFITTIN G CONDITIO NS WHICH ARE
COMPENSABLE AND RATABLE :
Degenerativ e Disc Disease, Status-Post Surgery x 2
B.
C.
D.
E.
YES
YES
NIA
40
F.
5242
i
CATEGORY II - CONDITIO NS THAT CAN BE UNFITTIN G BUT
ARE NOT CURRENt LY COMPENS ABLE OR RAT ABLE:
1. Obstructive Sleep Apnea
2. Diabetes Mellihls Type II
3. Coronary Artery Disease
0Je,
~~/>
)
6847
7913
7005
CATEGORY III - CONDITIO NS THAT ARE NOT SEPARATE LY
UNFITTING AND NOT COMPENS ABLE OR RAT ABLE:
NONE
10 ..
ADDITIONAL FINDINGS
YES
X
X
A. MEMBER IS UNFIT BECAUSE OF PHYSICAL DISABILITY
B. DISA8 1LITY WAS !NCURRE_D IN LINE OF DUTY rN TIME OF WAR OR NATIONAL EMERGENCY OR
AFTER
14 SEPTEMBER 1978
\
C. DISABILITY WAS THE DIRECT RESULT OF ARMED CONFLICT OR WAS CAUSED BY AN fNSTRUMENTALITY OF
WAR AND INCU RRED IN Ll])JE OF DUTY DU RI NG A PERIOD OF WAR
D. DISABILITY WAS THE DIRECT RESULT OF A COMBAT RELATED INJURY
E. DEGREE OF IMPAIRMENT
I MA y l3E PERMANENT
I XI IS
11. COMP ENS AB LE PERCENTAGE
112. RECOMMENDED DISPOSITION
40
13. OVERCOMES PRESUMPTION OF FITNESS
I YES
l NO
I
SEPARATION/RETIREMENT DATE:
1
X
NO
NA
X
X
Permanent Retirement
14. SIGNATURE OF PEB PRESIDENT OR PEB REPRESENTATIVE
//SIGNED//
I NA
JAMES D. WAGGLE, DAFC
MSgt Drane has back pain from degenerative disc disease, status post surgery twice which prevents him from
reasonably performing th e duties of his office, grade, rank, or rating. He has profile restrictions of no working more than
67 hours per day, sitting mo1;e than 45 minutes, standing more than 60 minutes at a time and no running which prevents
deployment. The Obstructive Sleep Apnea is controll ed with CPAP which does not prevent deployment. The Diabetes
Mellitus is well controlled ,vith an AIC of6.3%. The Member has Coronary Artery Disease with stable angina
that does
not prevent him from performing his duties. The Informal Physical Evaluation Board finds the member unfit and
recommends permanent retirement with a disability rating of 40% IAW Depaitment of Defense guidance for applying
the
Yetenins .A.dmiJJistrnliPn SqbGdµJe for Ratin_g. D isabilities. guidelines.
.....
... .
15. REMARKS
NIA
AF Form 356, OCT 95
I
CLINICS FOR TDRL EVALUATIONS
I
PREVIOUS EDITION I S OU SOLETE
816
App. 10
APPENDIX D
CERTIFICATE OF RELEASE OR DISCHARGE
FROM ACTIVE DUTY
[Filed: November 24, 2020]
[See Fold-Out Exhibit]
CAUTION: NOT TO BE USED FOR
IDENTIFICATION PURPOSES
THIS IS AN IMPORTANT RECORD.
SAFEGUARD IT.
ANY ALTERATIONS IN SHADED AREAS
RENDER FORM VOID
CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY
-i~~t~~~~~t'1fgtM[1~~RR .·.·.· :·. . ·.· .·. ~
.. .
.
. • . ..
·
.
.i_4M~S. GGR.•AOE, RATE OR R~NK ·
RD~~~;g i~~Ja~~M PONENT ANo BRANCH
,. ·
l 1
' · i! bE. .· ·PAY ~_RAPE_..- .
,I 7
. ·- - - -
.
:7a. PLACE OF ENTRY INTO ACTIVE DUTY
,CINCINN ATI OH
i
•
i~~-
L~~TD~~ !I
5
--------- - -·-··1:i:,_sociii. L sEcuRnY NUMBER ·-·-- -
I
.
·. · ·1s. ·DATE.OF.BIRTH (YYYYMMDD/ ...,.• •. ..T6. RESERVE OBLIGATI
ON TERMINATION DATE
·. ·J- ··119680831
_ _ _ _ J--.:~~.~~~~00/ NIA
b. HOME OF RECORD AT TIME OF ENTRY (City and state, or complete
addr;ss ifkno:,;.,nj
DAYTON OH
COMMAND
..
!••••--•-- • - •-••••-• --•• -n•-•• ••~•- •-••n'"• -·•~--•-• -•• •--• •- •••• _______,.._•- - - •-•~ -•--•- --- - - - • •• '9. COMMAND TO WHICH TRANSFERRED
,~A~~J~ ~~--~-H-F~
- R-~-XS_E_P_A_R_A-TE-D---- - ~ -........--. .. - ........._ ,..... ........
- ........
7
•-•• •- j- •---•- - ---•- -•--• - - •- -•·• - - •-
!N/A
•- • -••---•~•-•• • • - -•-•"•~ •-•••'•• - ••••••••·•••-• -•• ••• -••
~:~~1tt~GT
14Ati7e;:~ -!~~t;~
CRAFTS MAN, 19 YEARS AND 5 MONTHS ;
13Po51, sEcuR1T Y FoRcEs . 3 YEARs AND 5 MONTHS ·
1
'
i
·•••""' ''" ~- •
110. SGLI COVERAGE
!. ______ ,,____ - - - - - - · - - -- - - -i11. PRIMARY SPECIALTY /List number, title and years and months in- - - - - - - - - - - - J12. RECORD OF SERVICE
j spec~l/yfi staddi/io; atspecialt ynumbers and/itlesi nvolving
I
O
•• • •• •- ·••--••·••-• ""
AMOUNT: $400,000
j YEAR(S) I MONTHS(S) i
1 1987 J . SEP ··· .'
! a.DATEENTEREDADTHISPERIOD
i b. SEPARATION DATE THIS PERIOD
f'"c-:-ri'Er ACTIVE SERVICE TH1s PERIOD
I ' 00
···--~- --~·-·•--··-~··---------·-··- - -
! . --00
[j .
!:!_?REIG N SERVIC~~:==~~-=-~-:~~:·~~-~:~: ~·
g. SEA SERVICE
02
---T--- 00
---·--~---·1•~-·-·•-.._-•,·-•···-···t ...... _____,. __ ___, •• _ .•.•... _•.
j e. TOTAL PRIOR INACTIVE SERVICE
I OO · · f.
00
i
DAY(S)
i---·2oj"o·::r · ·sEP....._. ,-i-..-···03·
23
· .. - ..-·oo-··--··T--- 02 ------
f d, TOTAL PRIOR ACTIVE SERVICE
Ii
NONE
:ti~:Io:::~=r~.:~: §.?==-· .·.: . ..
i
00
i
01
. ;
00
00
j
. 00
I
.. ! YES : X
f:
h. EFFECTIVE DATE OF PAY GRADE
2006
FEB
.[
01 . .
/13. DECORA TIONsjifi o-A-Cs:·sAciGES~CITATiONS ANo·cAM
Pli:iG'1i···-... .. . . 1 14. MILITARY EDUCATION (Course title, number of weeks, and rnonl/1 and
:
RIBBONS AWARDED OR AUTHORIZED /Al/ periods of service/
year ...
completed
}
!Meritorio us Service Medal, Air Force Commen dation Medal
with 1 oak leaf
BASIC MILITAR Y TRAININ G, NOV 1987; NCO PREP COURSE
1
·cluster, Air Force Achievem ent Medal, AF Outstand ing Unit
, JUL 1990; NCO
Award with 4 oak ACADEM Y, MAY 2005; USAF SENIOR
NCO ACADEM Y, SEP 2007; PRIMARY
leaf clusters, AF Good Conduct Medal with 7 oak leaf clusters,
National
CARE
ORIENTA
TION
MOBILE,
DEC 2002; AFTC, JUN 1998; AIR FORCE
1
pefense Service Medal with 1 service star, Global War on Terrorism
Service jTRAININ G COURSE , MAY 1998: MEDICAL RED
FLAG (ATH
/Medal, AF Longevity Service with 4 oak //See Remarks //
!SPECIFI C)/EMED S. MAY 1997; HEALTH SERVICE S MANAGE
MENT
(CRAFTS MAN, JUL 1996; MEDICAL RED FLAG //SEE REMARK
S//
0
!
I
:15a. MEMBER CONTR!BUTED TO POST-VIETNAM ERA VETERAN
S; !:DUCATIONAL ASSISTANCE PROGRAM
b. HIGH SCHOOL GRADUATE OR -EQUIVALENT
____
__ __
0Avs1>.-ccRuE·o-cE11vE
; 11. MEMBER wAs PRov1DEo coMPLETE DENTAL exAMINAT
10N Ai-io- Ai:'i:'APPROPRIATE
PAID
40
DENTAL SERVICES ANO TREATMENT WITHIN 90 DAYS PRIOR
TO SEPARATION
1
j
r--x -·1
i1ii: ..
!
118. REMAR.Ks ---
· ----·
· _..... _
· · _
..
·
·
jlTEM 1'4: (ATH SPECIFIQ}(Efv1E_RS, ry!AY 1995; LAW.ENF QRCEME
;1 oak.leafd uster, AFTralrn ng Ribbon.
.
' . . . :, c~--- •
·
.
' . . .
.
· --
-
·
·_-
· · -·
_:
' .•,·
! .. NO
YES ( · ·· ; NO
·
-· ·
· ·
, YEs : No
)...... - ...... X. .
·
...._..... ...... ..... ....
NT SPECIALIST'. OEC 1987. .ITEM 13: leaf cl!,Jsters. USAF
NCO PME Graduate Ribbon with
.
.
,
·
·
..
. ·.
,
---a----~ ·~--•NO THING FOLLO ~S·--·-· ··
.
.
..
------·-··- ·-··
.
'.
Case# 05-2017-DR-022905-XXXX-XX
lllflilili1
' *32839 038*
/The informa\io~ c~~ia'inedhereinis si.JbJ~.c\:;o C~n)p\Jter,ina\(jh;ng W(!hi~:ihe Department of Defense orwith any other affected
Fed.a.rat o.r non-Federal agency for verification purposes
1and to·<:lelermine eligibility for, lil)d/or con\lnued,compliarn;e"with,
·the ·requirements of a. Federal benefit.program. ·
. · · ·. ·· ·. ', · . .- .
. ·
· ..
[19;·.-MAl (iN9..AOf?RE$S ~F.TER SEPA_R
_. ':-._TIO· r-i _(Include ZIP Code/ -----~i;: NEAR EST REL.f\TIVE/iiaine- and "iiici(ess -mplude ill"
i~~:i::2~ LN6~f2 6 ; , .
. '
. •
. •.• .
.
•
~~~:~ :~i-i:A NE
·
' ·
•
.
·
'
•·: '
.
· · - - -~
.
.
SWANSE A IL 62226
j2D: . M~~-B~~: RE9U~~T~:2.°:.Y,_6
~ETERANS ~:.~~'~..:~.·--- - --·:: .. ...... ·---· -~- ___ __ -~ - · :.~...
.21. SIGNATURE QF MEMBER BEING SEPARA'.J'ED
! NO
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l22. OFFICIAL AUTHORIZED TO SIGN (Typed name, grade, tme and _.,. : . _ ~ .J_: .E~1
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App. 11
APPENDIX E
[SEAL]
DEFENSE FINANCE AND ACCOUNTING SERVICE
U.S. Military Retired Pay
8899 E 56th Street
Indianapolis, IN 46249-1200
www.dfas.mil/retiredmilitary.html
[Dated: February 14, 2018]
[Filed: November 24, 2020]
17135789
February 14, 2018
MSgt Preston L Drane, USAF (Ret)
3516 Hoofprint Drive
Melbourne, FL 32940
Dear Sergeant Drane:
Thank you for your recent inquiry about the
computation of your retired pay. The Defense Finance
and Accounting Service appreciates the opportunity to
assist you in managing your retired pay account.
Retired pay for members placed on the Permanent
Disability Retired List (PDRL) is calculated using the
formula shown on the enclosed worksheet. Please
review the worksheet carefully for an explanation of
the methods used to calculate (PDRL) retired pay.
Please note that because your retired pay is based
on your active duty records, any change which will
App. 12
affect the calculation of your pay must be initiated by
the Air Force Military Personnel Center. A change in
your official Air Force records is made only after an
administrative examination of the evidence is approved
by the Army Human Resource Command. A request for
any change should be sent to:
G Army Human Resource
Command of Excellence
Support Division, St. Louis
1 Reserve Way
St. Louis, MO 63132-5200
: Air Force Military Personnel Center
SAF/MRBR
550-C Street West, Suite 40
Randolph AFB, TX. 78150-4742
G Navy/Marine Personnel Command
PERS 314
5720 Integrity Drive
Millington, TN 38055
Changes made to your Air Force records will be
effective from the approval date by the Air Force
Military Personnel Center. A copy of the authorization
letter will be sent to our office by the Air Force Military
Personnel Center upon their determination of your
request.
We thank you for your service to our country.
Further information about retired military pay can be
found at our website. You can also contact one of our
customer care representatives at 800-321-1080 or 216522-5955, between 8:00 a.m. and 5:00 p.m., Eastern
App. 13
Standard Time, Monday through Friday, write to us at
the address above, or fax to 800-469-6559.
Sincerely,
A. Alford
Military Pay Technician
Retired and Annuitant Pay
Enclosure:
As stated
App. 14
Permanent Disability Retired List (PDRL)
Retired Pay Calculation Worksheet
Permanent Disability Retired List (PDRL) pay is
calculated using the following formula:
1. If you entered the military on or before September
7, 1980, your active duty base pay from the pay bill
in effect at the time of retirement is used to
compute military retired pay. If you entered the
military after September 7, 1980, the average of
your highest 36 months’ worth of active duty pay
(known as the High 36 or High 3 base amount1) is
used. In your case, use the High 36/High 3 base
amount of $3,995.90.
2. Your pay is then calculated twice, once using your
percentage of disability (Method A) and once using
your years of service (Method B).2 Your pay is based
upon the calculation which yields the greater gross
pay amount.
Method A Calculation
a. Multiply your military (not VA) disability rating
(40%) by $3,995.90 (0.43 times $3,995.90 equals
1
The amount used to calculate the High-36/High 3 base amount
are provided to DFAS by the personnel center of the service
branch. Any discrepancies must be resolved by the personnel
center.
2
Qualified retirees may receive a Method C and/or Tower
calculation as well.
3
For TDRL, The minimum allowable percent is 50% and the
maximum allowable percent is 75%. For PDRL, the minimum
App. 15
$1,598.36). For pay received after September 30,
1983, drop cents from the final figure (since your
retirement date is after September 30, 1983, the
Method A gross pay amount equals $1,598.00).
Method B Calculation
a. Drop the days from your Service for Percent (23
years and 0 months), then fractionalize the months
by dividing by 12 (0 divided by 12 equals 0.0).
Round to two decimal places. The result (23 years
and 0 months, or 23) is your Service for Percent.
b. Because you are entitled to 2.5% of your High
36/High 3 base amount for each creditable year of
service, multiply the Service for Percent by .025 (23
times .025 equals 0.575). Round to four decimal
places. The result is your Percent Multiplier4.
c. Multiply the Percent Multiplier (0.575) by $3,995.90
to obtain your initial monthly gross pay amount.
For pay received after September 30, 1983, drop
cents from the final figure (since your retirement
date is after September 30, 1983, the Method B
initial monthly gross pay equals $2,297.00 5.
allowable percent is 0% and the maximum allowable percent is
75%.
4
5
The maximum allowable Percent Multiplier is 0.7500.
This automated worksheet does not calculate pay based on the
following: CSB/Redux, Extraordinary Heroism, Method C (for
TDRL/PDRL) or Tower. Amounts may vary.
App. 16
3. Method A yields a gross pay amount of $1,598.00.
Method B yields a gross pay amount of $2,297.00.
The method yielding a greater gross pay amount is
used to calculate your initial monthly gross pay of
$2,297,00 6.
6
This automated worksheet docs not calculate pay based on the
following: CSB/Redux, Extraordinary Heroism, Method C (for
TDRL/PDRL) or Tower. Amounts may vary.
App. 17
APPENDIX F
DEFENSE FINANCE AND ACCOUNTING SERVICE
U.S. Military Retired Pay
8899 E 56th Street
Indianapolis, IN 46249-1200
www.dfas.mil/retiredmilitary.html
[Dated: October 5, 2017]
[Filed: November 24, 2020]
October 5, 2017
MSG PRESTON DRANE
3516 HOOFPRINT DR
MELBOURNE, FL 32940
To whom it may concern:
Preston Drane, USAF (Retired) is on the
retired/retainer rolls of this center and has a
compensable disability retirement rated at 40%
effective September 4, 2010.
Our records further reflect that the retiree is
currently receiving retired pay in the gross monthly
amount of $2,406.00.
We thank you for your service to our country. If you
have any further questions about your retired pay
account, you can visit our website at
www.dfas.mil/retiredmilitary.html. You may also
contact one of our customer care representatives at
800-321-1080 or 216-522-5955, between 8:00 a.m. and
App. 18
5:00 p.m., Eastern Standard Time, Monday through
Friday, or write to us at the address above.
Sincerely,
/s/ Kevin W. Bianchi
Digitally signed by Cleveland
Customer Care Center Customer
Service Representative for and on
behalf of Kevin W. Bianchi,
Director of Operations
App. 19
APPENDIX G
TRANSCRIPT EXCERPTS
[Dated: May 2017]
*
*
*
[p. 9]
represent the Petitioner, I’ll allow you to make the
opening first, Ms. Carey. And then I’ll hear from Ms.
Henderson.
MS. CAREY: Okay. Your Honor, in this particular
situation, the retirement -- and also the wife’s
retirement is at issue too. I didn’t have an opportunity
to complete my thought.
But in this particular situation, Your Honor, we
have a young man, Mr. Preston Drane. The Court is
going to hear -- hear evidence today and I also see
demonstrative evidence where Mr. Drane was in the
military. And in approximately 2009, he was injured
and after being injured -- and after being injured, you
are going to see that he had -- he was medical boarded.
And at some point, there was -- he was discharged.
And you will see the -- his discharge documents.
And on his discharge document Number 23, says: Type
of separation: Retirement. Number 28 says: Narrative
reason for separation: Disability, permanent.
You’re going to see that document today. Then
you’re going to see a composite of many documents
from DFAS discussing his permanent disability. And
App. 20
that is the issue when it comes to Mr. Drane, today.
That if the retirement is considered to be disability,
and we’re saying based on federal laws, based on the
codes, that his disability, that he retired, he is
permanently disabled.
That is what we’re here about today, as far as that’s
concerned. Now, we also are here about her disability.
Her retirement. The wife’s, the former wife.
And what the issue -- we believe the issue today is,
with her, is that instead of what is perceived to be the
-- the number of years in the marriage, she bought back
eight some years.
And therefore, my client is saying that when that
happens -- before that happened, they discussed it.
They were still living in the same residence. We know
that there was a notice of -- that the dissolution of
marriage had been filed, but they lived in the same
residence for a year. They comingled their funds. So we
are saying that he is due those years that she bought
back.
And I have supplied the Court with all of the -- of
my exhibits that have come from the Defense Finance
and Accounting Services and also his DD-214. Also, I
have provided to the Court, the
*
*
*
App. 21
APPENDIX H
IN THE CIRCUIT COURT OF THE EIGHTEENTH
JUDICIAL CIRCUIT IN AND FOR
BREVARD COUNTY, FLORIDA
CASE NO.: 2017-DR-22905
[Filed: January 16, 2021]
_________________________________
PRESTON DRANE,
)
Petitioner,
)
)
and
)
)
STEPHANIA DRANE,
)
Respondent.
)
_________________________________)
HEARING BEFORE JUDGE ROBERTS
Location:
Videoconference
Original
Date:
December 8, 2020
Time:
9:00 a.m.
REPORTED BY:
DAMARIS LOPERENA
App. 22
APPEARANCES
FOR THE PETITIONER
By: Jane Carey, Esq.
905 West Colonial Drive
Orlando, Florida 32804
Phone: 407.425.2508
Email: jane.e.carey@gmail.com
FOR THE RESPONDENT
By: Maria Henderson, Esq.
5419 Village Drive
Viera, Florida 32955
Phone: 321.806.3500
Email: maria@hendersonlegalgroup.com
[Index Omitted for Printing Purposes]
App. 23
PROCEEDINGS
THE COURT: Okay. For the record, we’re here for
the Court’s ruling on the one remaining issue that was
reserved upon in -- in Preston Drane, Petitioner, and
Stephanie -- Stephania -- Stephanie -- ma’am, I forget.
Is it Stephania or Stephenia?
MS. DRANE: Stephania.
THE COURT: Stephania. Okay. Great. In any case,
we’re -- the parties were married, the parties were
divorced. The marital settlement agreement, and a
final judgment was entered on February the 21st, of
‘20. In the marital settlement agreement on Page 5,
that is Number 2. Is that a two? Let me see. It might be
a -- an 11. Yes.
Under Paragraph 11, Retirement Accounts
Subparagraph, D and E: The parties acknowledge that
they both have military and disability retirement, they
could not reach an agreement on that. And that matter
was reserved for the Court.
Thereafter, the Court had held a hearing
specifically on these matters. I would note for counsel
that when I was reviewing the file, it appeared to me
that the -- and I’m reading this from my notes, so I’m
not independently verifying it again.
But from my notes, it appeared to me that the
dissolution of marriage petition said the parties were
married in Georgia on June the 16th, 2001. But in the
final judgment, which was entered February 21st, ‘20,
it says the parties were married in Florida. So, you all
App. 24
might want to file -- file an amended to correct that. So
-- all right.
So, the Court had a lengthy hearing. The Court took
the testimony of witnesses which included the parties,
and a Mr. Voit, V-O-I-T. He was -- he was, over
objection by the Petitioner, permitted to testify by way
of opinion testimony.
Mr. Drane also -- and he was allow -- allowed to
testify regarding his opinion of how the retirement
benefits for both parties should be treated. Particularly
how the marital and nonmarital portions should be
treated, given that at least a portion of the benefits
claimed by the parties are due to a service-connected
disability.
Mr. Drane was permitted to testify as well. And he
testified extensively as a fact witness, but he appeared
to have substantial knowledge of the rules and
regulations and law that governs these matters. And
so, over Respondent’s objection, he was allowed to give
his opinion testimony on the grounds that he’s -- he
seemed to be well versed. And this -- the standard is
whether or not his testimony would be of -- of help to
the Trier of Fact. And I deem that it potentially could
be.
And also, I just have this innate belief that case law
supports that a party can testify as to the value of their
own assets. And so I allowed him to testify. In any case,
I then -- I took substantial notes, which I had an
opportunity to review. And I reviewed the court -electronic court file a couple times. And I received
substantial exhibits, which the record won’t reflect. But
App. 25
I’m holding up, I don’t know, at least three inches of
paper. That -- that wasn’t indeed all of it, because I
took judicial notice of some other things, including
some rules and regulations, which I did go look at.
I found that the matter was rather complicated. So
I’m glad I had good counsel that seemed to understand
it. I then also had the opportunity to review a
significant and substantial closing argument provided
by Ms. Carey.
And based on everything that I reviewed, the
entirety of the court file, my -- I had an opportunity to
look -- to observe the witnesses for their candor, and I
found that they were candid. And nobody was trying to
deceive the Court, though they had different
perceptions of matters. And I resolve that by saying
that the parties were candid.
And in doing so, what I find is that Mr. Drane
served in the Air Force 23 years. He was injured in the
line of duty.
On his -- on Petitioner’s 9, he shows that he has a
Social Security benefit of $1,375.50 as of January 20th.
It shows up on Respondent’s 8 as $1,525. The difference
in those might be due to some -- some variation due to
time. But in any case, on Respondent’s 6, the monthly
retirement account statement shows a gross retirement
pay of $2,487, less a waiver of $302 for a taxable
income of $2,021.42. I find that taxable income is
equivalent to the retirement pay and is not disability
pay, so I find that there’s no component of this that is
disability pay.
App. 26
I also reviewed a letter, which is Respondent’s 7,
Department of Veterans Affairs, a letter dated May the
1st, 2019, which advises that there is a serviceconnected disability compensation from the
Department of Veterans Affairs, and the gross benefit
is $3,352.41. That’s $3,352.41. The net is $3,352.41.
That’s $3,352.41.
It also says that effective December 1st, 2018, that’s
12/1/18, the combined evaluation is a 100 percent. This
also appears on his financial affidavit dated July the
7th, 2017 -[Brief Audio Disconnection within MS Teams]
-- against that. And I decided that we’d accept the
opinion of Mr. Voit, V-O-I-T. Timothy -- Timothy C.
Voit. I found that he was qualified to render opinions.
The record will contain the -- the description of his
qualifications, but in short form fashion: He’s the
author -- author of several books on the issues. He is at
least -- he’s the owner, or part owner of Voit Economic
Econometrics. E-C-O-N-O-M-E-T-R-I-C-S.
Econometrics Group, Inc. He is experienced as a
forensic economics advisor.
In any case, I -- I accept his opinion as set forth in
his opinion letter, February 12, 2020. I also -- with -- on
the same grounds accepted his opinion letter -- and
that was related to Mr. Preston Drane. I also accepted
his opinion letter and find it probative on -- as to -- as
it relates to Ms. Stephania Drane’s retirement. That
letter is dated August the 10th, 2020.
Going back to Ms. Drane for just a moment -- well,
Mr. Voit as I said, a professional financial analyst and
App. 27
forensic accountant, he met with the Petitioner, he
viewed his -- his DD-214. He reviewed all the pertinent
documents. I found he’s qualified. He set forth a
formula which is contained in his letter for both
parties.
Now if you go to Ms. Drane, she -- all right. Her
active service was from 12/30/96 to 11/9/03. And let me
go back, I did not recite the active service for Mr.
Drane. But both parties agree that -- by stipulation it
was 23 years. So that’s not a -- a problem with the
ruling. And the record will contain what it actually is.
But everybody agreed it was 23 years.
But in her case, the actual dates are recited. Her
active service was 12/30/96 to 11/9/08. Therefore,
approximately 12 years of service. She separated from
-- she also had a component which was disability. But
in any case, she separated from the military after that
-- those 12 years of service.
She went to work for the federal government. The
record will contain whether it was for -- directly for the
federal government or for a federal government -- what
do you call it? A company that services the federal
government, a contractor for the federal government. I
don’t honestly remember which.
But the important part is that by going to work in
that capacity, she -- she wasn’t entitled to buy back
eight years of service, previous to that when she was in
the military. But once she separated, and she went to
work for the federal government, in either of those
capacities that the record contains, she was entitled to
buy back eight years of service, which she did.
App. 28
Mr. Drane claims -- the Petitioner claims that that
is a marital asset, and I find that it is not. I find that it
is not a marital asset because she purchased those
eight years from non -- entirely non-marital funds. And
she purchased it after the date of filing. So, the
purchase was made at a time when there was no longer
an intact marriage.
Mr. Drane offered some testimony, which was -- my
recollection, was disputed by Ms. Drane, but it’s not
really a consequence. He offered testimony that she
lived with him at the time that it occurred. But there
was no testimony regarding a reconciliation or
anything of that nature. It may -- if she did, and again,
my recollection is she disputed that, but if she did, it
was just a mere cohabitation of convenience and
nothing else. And the -- the fact that she merely
cohabited briefly with him does not mean that the -the purchase -- the buyback was made during an intact
marriage.
So in order to calculate these, I went ahead and
looked at the calculations done by Mr. Voit, and I ran
my own calculations. Let me also say -- I should say,
Mr. Drane -- part of Mr. Drane’s theory was that he
worked for the Air Force. That the Air Force at some
point gave him a 40 percent disability rating. And he
claimed that was different and separate from the VA
rating of 100 percent.
However, I find that in several places in the record,
the VA disability is entitled 100 percent combined
disability. I found no evidence that there was some sort
of separate 40 percent component to his disability. And
App. 29
I didn’t find that to be supported by any of the case law
or the -- or the regulations that I reviewed.
Though Mr. Drane and Ms. Carey argue it very
vigorously, I have to respectfully reject that -- that
finding, and find that there was not a separate 40
percent US Air Force disability retirement over and
above or different from his 100 percent VA disability.
So having said all that -- let’s see. All right. I find -for Mr. Drane, I find that the after-tax value of the
marital portion is equal to $210,205.69. That’s
$210,205.69. Divided by two, that is $105,102.85.
That’s $105,102.85 that would be due to Ms. Drane,
from Mr. Drane. The monthly benefit as a result of
that, is $875.90. That’s $875.90. Divided by two, that
would be $437.95. That’s $437.95.
Going to Ms. Drane. Let’s see. Hold on just a
minute. Okay. I find that the -- I’m looking for the
numbers. Give me just a moment. Okay. Okay.
I find that the present value of Ms. Drane’s monthly
retirement pay is $12,887.52. That’s $12,887.52.
Divided by two, marital portion for Mr. Drane would be
$6,443.76. That’s $6,443.76.
So you have to do an offset calculation. The marital
portion of those two, present day value of those two,
that are marital, would be $105,102.85. That’s 105
point -- comma -- let me say that again. $105,102.85 for
Mr. Drane, less $6,443.76. That’s $6,443.76, from Ms.
Drane. So that’s the difference due to the Respondent
is $98,659.09. That’s $98,659.09.
App. 30
To calculate in terms of the monthly offset, that
would be $437.95. So that’s $437.95, minus $130.15.
That’s $130.15. And the difference there, that’s due to
the Respondent, Ms. Drane, on a monthly basis is
$307.80. That’s $307.80 per month, paid by Petitioner
to Respondent.
MS. HENDERSON: Your Honor?
THE COURT: Yes.
MS. HENDERSON: My client’s not drawing that
pension yet, and she won’t for some time, whereas Mr.
Drane is drawing.
THE COURT: Hmm.
App. 31
APPENDIX I
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC 20330-5026
[Dated: May 26, 2010]
[Filed: November 24, 2020]
SPECIAL ORDER
NO. ACD-01513
26 MAY 10
R
MSG DRANE, PRESTON L
SCOTT AFB IL 62225
EFFECTIVE 03 SEP 10 YOU ARE RELIEVED FROM
ACTIVE DUTY, ABOVE ORGANIZATION AND
STATION OF ASSIGNMENT. EFFECTIVE 04 SEP 10
YOU ARE PERMANENTLY DISABILITY RETIRED
IN THE GRADE OF MSG PER AFI 36-3212 WITH
COMPENSABLE PERCENTAGE FOR PHYSICAL
DISABILITY OF 040 PERCENT.
HIGHEST GRADE HELD ON ACTIVE DUTY: MSG
DATE OF BIRTH: 31-AUG-68
YEARS
MONTHS
DAYS
SERVICE FOR
BASIC PAY:
23
00
02
ACTIVE SERVICE
FOR RETIREMENT:
23
00
02
App. 32
SERVICE PER 10
USC 1405:
23
00
02
TO PROCEED TO HOME OF SELECTION, PCS.
TDN. 57 0 3500 320 5881.0*- 525725
(*INSERT M, J, D, K, H, I, T, G, OR Y).
NONTEMPORARY STORAGE: 57 0 3500 320 5888.0N
525725
CIC : 4 5 048 0080 525725 TAC: F08E. SDN:
PB58810001MP0H
DISABILITY RECEIVED IN LINE OF DUTY
AS A DIRECT RESULT OF ARMED
CONFLICT OR CAUSED BY AN
INSTRUMENTALITY OF WAR AND
INCURRED IN LINE OF DUTY DURING A
PERIOD OF WAR:
ON 24 SEPT 1975 HAD SERVICE
AFFILIATION AS DEFINED IN 26 USC 104:
DISABILITY WAS THE DIRECT RESULT
OF A COMBAT RELATED INJURY AS
DEFINED IN 26 U.S.C. 104:
NO
NO
NO
REMARKS: 10 U.S.C. 1201
BY ORDER OF THE SECRETARY OF THE AIR
FORCE
OFFICIAL
LESLIE L. HARGETT, COLONEL , USAF
CHIEF, USAF PHYSICAL DISABILITY DIVISION
DIRECTORATE OF PERSONNEL SERVICES
App. 33
SERVICING MPF/DPMAR
375 FSS
SCOTT AFB IL (AMC)
62225-5011
ACD-01513
DIST: SERVICING MPF - 2 CYS
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.