On Wednesday, lawmakers introduced new legislation forcing defense and veterans affairs officials to prevent separation penalties and award full benefits to troops who leave the service under the sole survivor rule, calling it an issue of fairness and recognition of their loss.
“This policy was well-intended … but it is also deeply flawed,” said Sen. Dianne Feinstein, D-Calif. “It cuts off sole survivors from benefits they would have otherwise received. If they leave the military early, they are denied health care, the GI Bill, and veterans home loans.”
Since 2001, according to Department of Defense statistics, 51 servicemembers have qualified for discharge from service or exemption from combat zone deployments under the rule, which applies to any servicemember who is the only remaining son or daughter in a family that has suffered another combat death.
Hubbard joined the Army in 2005 after his brother Jared was killed in a roadside bomb attack. He said he considered remaining in even after his brother Nathan was killed in a helicopter crash last August, but he chose to leave after speaking with his family.
After learning about the benefits problems, Army officials told him they could change his duty codes to get health care for him and his pregnant wife, but his sole survivor status would be taken off his file. “I didn’t want to change my status just to accommodate the bureaucracy,” he said.
Lawmakers behind the new legislation said they didn’t believe Army officials were acting maliciously — Army Secretary Pete Geren worked with Hubbard to get him transitional health care — and blamed outdated policies for the problems.
“It’s a 60-year-old rule,” said Sen. Saxby Chambliss, R-Ga. “The Army is just carrying out policies that have been in place. So it’s time to update it.”
House sponsors Reps. Devin Nunes, R-Calif., and Jim Costa, D-Calif., said they have already had preliminary discussions with chamber leaders about the issue and hope to pass the legislation quickly. The bill would be retroactive to 2001.
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