Denis Swan Jr. must really love our country.

The 27-year-old Moorpark man enlisted in the Army while our nation is at war, a war that has claimed the lives of more than 4,000 U.S. troops. The same war one presidential hopeful predicts could last 100 years.

And when you love someone or something, you stay true even when the love is not coming back at you.

On the home front, Pfc. Swan has been battling his own government, specifically the California Employment Development Department.

At issue: 20 bucks and 30 minutes. Swan now owes you and me, the taxpayers of this cash-strapped state, $2,090.40.

As much as California could use the money, I don't think I'd sleep well taking it from Swan. The judgment against him came after a hearing that never should have been held. More about that later.

How 20 bucks morphed into more than $2,000 involves a mother's good-faith attempt to help her son and a state agency that did not seem to consider being on the opposite coast in basic training a good enough reason to miss one of its proceedings.

Coming up on three years ago, in July 2005, a temp agency sent Swan to an Oxnard company to perform data entry. According to documents in his EDD file, his supervisor there sent him to lunch after Swan had worked just two hours. Swan apparently took 60 minutes for lunch. Upon his return to the job, he was fired on the spot. His supervisor supposedly said the lunch period was only 30 minutes and that he didn't like Swan's attitude when it was pointed out to him.

Pfc. Swan recalls his dismissal much differently. He remembers never being told that the break was only 30 minutes. And he said he politely left after the employer told him his services were no longer needed.

The temporary agency, Royal Staffing, then let him go.

Swan made a mistake. He neglected to declare on an unemployment insurance document that he earned $20 at that job, and he also failed to mention he had been fired from the job at which he worked two hours.

According to EDD records, this was the only time Swan — who I must mention here is an Eagle Scout — omitted such information.

Eventually he found full-time employment. He then decided to join the military to serve his country and to improve his computer skills on the Army's advanced systems.

In April 2007, he was notified that his 2005 firing disqualified him from collecting unemployment, and he would have to return the $1,608 he collected in unemployment benefits and a $482.40 penalty. So Swan appealed.

That sent his case over to a little-known entity — the California Unemployment Insurance Appeals Board. The state agency, whose directors are a who's who of political appointees, is designed to act as a neutral party when someone has a dispute with the EDD.

A hearing was set up for Aug. 9. But one problem. By this point, Swan was in the Army at Fort Jackson, S.C.

When Swan didn't show, his appeal was thrown out. Although his mother, Sheila Swan, phoned before the hearing to explain her son's absence, the appeals board personnel showed no record of it. Sheila has the phone bill to prove she made the call.

Swan then wrote the panel, explaining he was in basic training and requesting his case be reopened.

His appeal was reopened and a new hearing was scheduled for Nov. 15. Since he was still on the East Coast, he enlisted the help of his mom, authorizing her to represent him at that hearing.

After listening to at recording of those proceedings, I must say Sheila struggled mightily but ultimately failed to make Denis' case — largely because she was not there the day her boy lost his two-hour job.

A representative of Royal Staffing, Brande Ventura, did testify. Her testimony varied in a few details from the paperwork in Swan's official file. The biggest inconsistency was her contention that Swan had taken a 90-minute lunch break.

The administrative law judge, K.C. Ling, never questioned that discrepancy. Certainly if Swan had been there, he would have challenged it.

Spokeswomen for both the California Unemployment Insurance Appeals Board and Royal Staffing declined to speak to me on the record, stating the matter was likely to be taken to a higher court.

Feeling that she had failed her son when he needed her most, Sheila did what any mom would do. She started a Web site, encouraging everyone to write his or her elected officials protesting the decision against a serviceman.

And she sought the help of this reporter.

For the past three weeks, I have traded phone calls with personnel at the EDD.

There were many issues about this case that didn't sit right with me. As a taxpayer, I'm not sure I'm thrilled about all the time and expense of going after Swan for what seems like a small sum and an easy-to-understand human error.

But the biggest issue for me was that Swan did not get to tell his side of the story because he was serving in the military.

The Aha' moment came when I learned about the Servicemembers Civil Relief Act. Signed by President Bush in 2004, it is designed to lighten legal and financial burdens shouldered by active-duty military. One provision specifically provides for stays of civil proceedings.

At the hearing, Judge Ling did not even mention the act to Sheila Swan.

Didn't this law apply to Swan's case, I kept asking?

The answer came back, "Yes."

Last week, officials at the EDD filed a legal document on Swan's behalf.

You read that right. They are seeking to have the appeals board decision against Swan thrown out, according to Loree Levy, a spokeswoman for the department. In addition, she said, no effort will be made to collect the $2,090.40. "This case had never been heard on its merits," Levy said. "Now Denis can get his day in court."

On Friday, Swan — back in Ventura County on recruiting duty — sounded relieved.

"Now I have a voice back," he said. "And maybe next time, they will know to apply this act for others in the service."

It wasn't easy. It wasn't fast. But in the end, the right thing happened.

America, you got to love it. Denis Swan does.

— E-mail this Star columnist at ccason@VenturaCountyStar.com