The Issue: Authorizing Veteran Status for National Guard and Reserve Members Entitled to Reserve Retirement Pay

Immediate Action Required: Contact your Senators and ask them to expeditiously pass H.R. 3787, previously passed by the House of Representatives and now before the Senate. This bill would authorize National Guard and Reserve members entitled to Reserve retirement pay the honor of claiming Veteran status.

The House of Representatives passed H.R.3787 – The Honor America’s Guard-Reserve Retirees Act, September 28, 2010 and sent the bill to the Senate for its approval. This cost-neutral bill provides an opportunity for a divided Congress to come together post election in support of our Reserve Component members.

Many members of Congress may not know that a Reserve Component member can complete a full Guard or Reserve career but not earn the title of “Veteran of the Armed Forces of the United States” – unless the member has served on Title 10 active duty for other than training purposes.

Today, National Guard member’s performing Operation Noble Eagle duty or protecting our Southwestern border in a Title 32 status may one day retire from the Guard but not qualify to be classified as a Veteran of our Armed Forces.

Title 38 (Veteran’s Benefits) excludes career reservists from the definition of “veteran” who have not served on Title 10 (active duty) for other than training purposes. Drill training, annual training, active duty for training and Title 32 duty are currently not qualifying service to earn veteran status.

This cost neutral bill would not bestow any benefits other than the honor of claiming “veteran” status for Reserve Component members who completed a 20 year career but were never ordered to Title 10 active service.

TAKE THE FOLLOWING ACTION: 

By using the “Write to Congress” feature on the right, you can IMMEDIATELY e-mail your elected representatives.  This is the quickest and most effective method of expressing your views to Congress. Also, contact your friends and family and urge them to “Write to Congress” as well.

LEGISLATIVE ALERT #10-20 September 8, 2010

The Issue: Army National Guard Black Hawk Modernization

Immediate Action Required:  Contact your Senators and urge them to request additional funding for the National Guard to help modernize the National Guard H-60 Black Hawk fleet

The Army National Guard operations tempo is the highest it has ever been in support of the full spectrum of state missions including search and rescue, utility/lift, disaster relief, fire fighting, medical evacuation, all while sustaining combat deployments to Iraq, Afghanistan and the Balkans. The result of these sustained operations is wearing out the National Guard H-60 Black Hawk Helicopter fleet much faster than planned.

The Army National Guard operates more than 700 Black Hawks.  As a result of growth in the Army’s H-60 MEDEVAC helicopter requirement, the Guard’s Black Hawk fleet will grow to 899 helicopters in the next 3 years. When fully equipped, the Army National Guard will own and operate more than 500 older UH-60A models. The UH-60A model is more expensive to operate, cannot operate at higher altitudes and has a 1000 lbs lower payload capability than the newer “L” and “M” models

The Army is modernizing the Black Hawk fleet with two initiatives. It is fielding new UH-60M utility and HH-60M MEDEVAC helicopters, and re-capitalizing and converting UH-60A models to the UH-60L configuration. Currently, these two initiatives are modernizing between 100 and 115 H60s per year; however the pace is not fast enough to keep up with rapidly aging Black Hawk Fleet. At the currently funded rates, the Army will not retire the UH-60A Black Hawk until 2025. And, by 2025, the “A” model Black Hawks will be more than 35 years old.

Please write your Senators and urge them to support accelerating the modernization of the Army National Guard Black Hawk fleet.  Specifically, we are seeking funds for an additional 5 UH-60M Black Hawk Utility helicopters ($84.5M), 5 HH-60M Black Hawk MEDEVAC helicopters ($104.0M) and 10 UH-60A to L upgrade kits ($17.0M) for a total of $205.5M added to the FY11 defense appropriation bill, with language directing  the Army to field these systems to the Army National Guard.

TAKE THE FOLLOWING ACTION:

By using the “Write to Congress” feature provided to the right, you can IMMEDIATELY e-mail your elected representatives.   This is the quickest and most effective method of expressing your views to Congress. Also, contact your friends and family and urge them to “Write to Congress” as well.

Previous Legislative Alerts:
LEGISLATIVE ALERT #10-19 August 18, 2010

The Issue: Post 9/11 GI Bill Improvements for the National Guard

Immediate Action Required:  Contact your Representatives to urge them to co-sponsor H.R. 5933 that would amend the Post 9/11 GI Bill to fully credit Title 32 active duty of National Guard AGRs and all National Guard active duty under Title 32 section 502(f) authorized by the President or Secretary of Defense

The  Educational Assistance for Members of the Armed Forces Who Serve After September 11, 2001 Act, more commonly known as the Post 9/11 GI Bill, was well received by many, but was hurriedly enacted as part of the 2008 Supplemental Appropriations Act, Public Law 110-252. Although the law now provides exceptional educational benefits to military members performing Title 10 active duty service after 9/11, it erroneously does not credit National Guard Title 32 active duty, and limits benefits for full time distance learning, vocational learning and on-the-job training.

Because of this inadvertent mistake, the law effectively denies benefits to our dedicated men and women who have served our country on Title 32 active duty post 9/11 as AGRs, and in domestic operations such as the Katrina, Operation Noble Eagle, Operation Jump Start, airport security operations immediately following the 9/11 attacks, and the ongoing service of the National Guard to protect our borders and provide disaster relief whenever and wherever needed. In practice, the Post 9/11 Bill provides benefits for the domestic active duty service of Reserve AGRs on Title 10 orders, but not members of the National Guard who are performing virtually the identical service on Title 32 orders.

H.R. 5933, Veterans Educational Assistance Improvements Act of 2010, introduced by Representative Walt Minnick (D-ID), would correct this oversight by fully crediting all National Guard Title 32 active duty service under section 502(f) authorized by the President or Secretary of Defense, and the full-time active duty of National Guard AGRs. The bill would also provide expanded benefits for vocational learning, on-the-job training, distance learning and private schooling. Rep David Loebsack (D-IA), who introduced the widely supported H.R. 3554 that would credit Title 32 active duty under the Post 9/11 GI Bill, is a co-sponsor of H.R. 5933.
LEGISLATIVE ALERT #10-18 August 12, 2010

The Issue: Soft Landing Bill for the National Guard and Reserve

Immediate Action Required:  Contact your Senators to urge them to co-sponsor S. 3748 that would substantially enhance post-deployment reintegration efforts for the National Guard and Reserve

In response to both the substandard treatment received earlier this year by the 41st Infantry Brigade Combat Team of the Oregon ARNG by active duty medical forces during demobilization at Fort Lewis, where many members were sent home without being properly evaluated for mental and physical injuries, and a reported 51% June post-deployment unemployment rate for the 41st, Senator Ron Wyden (D-OR) has introduced S. 3748. Senator Kay Hagan (D-NC) has co-sponsored the bill.

Since the treatment received by the 41st at Fort Lewis is believed to be widespread, S. 3748 would amend Title 10, United States Code, to provide for the retention of members of the reserve components on active duty for a period of 45 days in their home state following demobilization from an extended deployment in contingency operations or homeland defense missions. At the option of the member, the 45 days could be reduced to 14 days. Members would be authorized to use any accrued leave during the 45 day period.

During the retention period, the bill would require: physical and mental evaluations; employment counseling and assistance; marriage and family counseling and assistance; financial management counseling; educational counseling; and counseling on benefits available through the Veterans Administration and Department of Defense.  To the extent practicable, these services would be coordinated through the Yellow Ribbon Reintegration Program and would allow family participation.

The bill would affect those that are deployed for over 269 days (9 months), and would authorize 45 days of active duty pay and benefits.  It also would require the Department of Defense to pay for the cost from its defense-wide O&M accounts WITHOUT passing on the cost to the Guard or Reserve. Senator Wyden is adamant that this bill be paid by the active duty.

Contact your Senators to urge them to co-sponsor this important legislation for the National Guard and Reserve who deserve much better treatment than they are receiving.

The Issue: Published Premium Rates for the Implementation of TRICARE for Gray Area Retirees (TRR)

Immediate Action Required:  Contact your Representative and Senators to urge them to ask the Government Accountability Office (GAO) to review the accuracy of the premium rates published by the Department of Defense for TRICARE Gray Area Retirees

After considerable pressure from members of NGAUS and other military support organizations, the Department of Defense (DoD) on August 6, 2010, through its TRICARE Management Activity (TMA), finally published the premium rates for the new TRICARE coverage available to our Gray Area retirees; those retired members of the Reserve under the age of 60 who are eligible to collect Reserve retirement pay at age 60.

The monthly premium rates for members only will be $388.31 in 2010 and 408.01 in 2011. However, the monthly rate for member and family will be $976.41 in 2010 and $1,020.60. See the link to the TMA announcement on our web site. These premium rates are significantly greater than anticipated.

The new program will bear the name TRICARE Retired Reserve (TRR), but it is not to be confused with the full TRICARE benefit eligible retired Reserve members will receive at age 60, which is provided at no cost.

The TMA announcement marks the first published details of the long awaited implementation of the breakthrough legislation signed  into law on 28 Oct 2009 in section 705 of the FY2010 National Defense authorization Act (NDAA) which authorized TRICARE Standard eligibility for Gray Area retires at full premium cost to DoD. With respect to the premium to be charged for the coverage, the law provides: The monthly amount of the premium in effect for a month for TRICARE Standard coverage under this section shall be the amount equal to the cost of coverage that the Secretary determines on an appropriate actuarial basis. See 10 USC 1076 e (d)(3)

NGAUS has known that the premium for the coverage would be the full cost to the government, but was led to believe by TMA in earlier meetings that the cost would be $177.21 for an individual member and $705.89 for a family, which would reflect the actual cost to the government in providing TRICARE Standard under the TRICARE Reserve Select (TRS) program. (TRS beneficiaries pay only 28% of the full TRS cost of coverage to the government. The current TRS rates of $49.62 for member only and $197.65 for member and family are 28% of the full government coverage costs which are $177.21 for an individual member and $705.89 for a family.)

Write or meet with your Representatives and Senators to urge them to ask the Government Accountability Office (GAO) to review the actuarial accuracy of these published rates. As you may recall, a similar GAO review of TRS rates in 2007 led DoD to reduce TRS premiums by nearly half.

Note: A “Gray Area” retiree is a retired  member of the Reserve components under the age of 60 who is eligible to collect Reserve Retirement pay at age 60. The period between retirement and age 60 is called the “gray area” for these retirees.

You may view all legislative alerts here.

LEGISLATIVE ALERT #10-16

The Issue: Delays in the Implementation of TRICARE for Gray Area Retirees

Immediate Action Required: Contact your Representative and Senators to urge them to demand that the Department of Defense and White House implement TRICARE for Gray Retirees without further delay

The President signed important legislation for our Gray Area retirees into law on 28 Oct 2009 as part of the Fiscal Year 2010 National Defense Authorization Act (NDAA). This new law authorizes TRCARE eligibility for our Gray Area retirees at full premium cost to the Department of Defense (DoD), which means the benefit comes at no cost to the government.

Shortly after passage of the law, the TRICARE Management Activity (TMA) assured military support organizations and Congress that the program would be on-line by October 1, 2010. However, for no apparent reason, DoD Health Affairs and TMA delayed sending the proposed rules for implementation to OMB until July 2, 2010. This late start to a 90 day period for open comment of the proposed rules puts the promised start date of October 1, 2010 in serious jeopardy.

Barring immediate congressional and Presidential intervention, implementation of TRICARE for our Gray Area retires will remain stalled. Our retired members deserve much better!

Please contact your Representative and Senators to urge them to take immediate action to demand that the Department of Defense and the President implement the TRICARE for Gray Retirees program as soon as possible.

Note: A “Gray Area” retiree is a retired member of the Reserve components under the age of 60 who is eligible to collect Reserve Retirement pay at age 60. The period between retirement and age 60 is called the “gray area” for these retirees.
TAKE THE FOLLOWING ACTION:

By using the “Write to Congress” feature provided to the right, you can IMMEDIATELY e-mail your elected representatives. This is the quickest and most effective method of expressing your views to Congress. Also, contact your friends and family and urge them to “Write to Congress” as well!

The Issue: Provide Funding from the 2010 Emergency War Supplemental for Retroactive Early Retirement Credit for the Reserve Component to Sept. 11, 2001

Immediate Action Required:  Contact your Representative to urge their support to include funding in the 2010 Emergency War Supplemental of Retroactive Early Retirement Credit to Sept. 11, 2001

There is still time, but we must act NOW! The FY2008 National Defense Authorization Act (NDAA) was a welcomed first step to improving reserve retirement pay in 60 years! Unfortunately, the law that emerged from conference negotiations applies only to service “after” January 28, 2008, which unfairly excludes the otherwise qualifying service of so many Guard men and women who answered the call following September 11, 2001.

Several pieces of pending legislation that would correct this inequity have stalled because the Congressional Budget Office (CBO) scored cost of $2.1 billion over ten years ($210 million/year) requires that new mandatory spending be offset by a reduction in another program.

However, as the House considers the 2010 Emergency War Supplemental, an option exists that a “one time” appropriation of $2.1 billion could resolve this issue. But, the language must be included in the House version of the bill to be considered during conference negotiations.

The justification for this request is that early retirement credit is a “direct” cost of war, since only the men and women who have served in combat or stateside presidential emergency response receive credit. And, by their service, these Soldiers and Airmen have already made their “deposit” to the appropriate retirement fund, which is the annual source of military retirement pay.

The time to act is now! Since the Senate has completed their work on the war supplemental and the House hasn’t, contact your Representative and urge him/her to actively support an amendment that would fund retroactive early retirement credit for the Reserve Component to 9/11/2001.

TAKE THE FOLLOWING ACTION:
By using the “Write to Congress” feature provided to the right, you can IMMEDIATELY e-mail your elected representatives. This is the quickest and most effective method of expressing your views to Congress.  Also, contact your friends and family and urge them to “Write to Congress” as well.

Legislative Alert complements of NGAUS