November 2010 Navy
by CAPT Ike Puzon, USN (Ret)
Through many visits recently, my past experience with service members, families, retirees, as a Commanding Officer, as a staffer with a US Senator; and, now, a retired member, I can honestly say most service members and their families never think about what a veteran is – until well after they are retired or have served. There are good reasons they are not concerned about what being a veteran really entails. They are busy with trying to make it to retirement or just serving their country which is what we all started out wanting to do!
What has come up over and over with our association and with veterans in general is: "Oh, my, how do I access this or that." Or, as in my case, if you where lucky enough to walk out with no known physical problems, you just forget about it as long as DFAS sends the checks, and now, if you can get medical treatment for you and your family through TRICARE, or through your new post-retirement position. So, below is the official definition of what a veteran is by the US Government, US Code, Title 38, Sec. 101. "Definitions:
(2) The term "veteran" means a person who served in the active military, naval, or air service, and who was discharged or released there from under conditions other than dishonorable.
(12) The term "veteran of any war" means any veteran who served in the active military, naval, or air service during a period of war.
(21) The term "active duty"means– (A) Full-time duty in the Armed Forces, (active and reserve) other than active duty for training."
Most likely, not many Active Duty or Active Drilling Reserve members or their families have ever really paid attention to these provisions, or felt the need to pay attention. Well, what determines your VA benefits are these definitions, and your status on Active Duty, or Active Duty as a Reserve Component member – and, for a reserve member, not annual active duty for training or any training active duty. There is a difference according to the statues of Title 38.
One of the best ways for you to determine if you qualify as a veteran in Title 38 and, thus, any benefits is if you received a DD214 for your service. With a DD214, VA is ready to recognize your service in the military per the definitions above.
I recently received extensive briefings from all departments and agencies of the Veterans Administration. This firstof- a-kind briefing for Veterans Service Organizations was a two-day event completed by the Assistant Secretaries, Under Secretaries, and the Secretary of VA, Eric Shinseki. The briefs were completely thorough and, in some cases, eye openers.
The 23.8 million US veterans (of which VA only serves nine million for one reason or another) need to know that the VA department is trying to do better at access, health care, and outreach to all veterans.
I testified twice last year in open testimony for veterans issues at the House Veterans Affairs Committee. Twice in 2010, AUSN has provided testimony to Speaker Pelosi and the Chairs of the pertinent committees on veterans issues. There have been many associations pitching the important programs and issues on behalf of our Veterans. We are pleased that we have had the opportunities to give Congress the program issues on behalf of the United States Navy personnel and veterans.
One of the eye-opening points of our appearances is the never-ending list of needed assistance for our veterans. These needs are a product of our Nation's wars and service members' sacrifice. There should be no other questions about the need to provide service members and veterans the services they are due. One of the issues that AUSN and other associations have been working on is trying to get Reserve Component service members that honorably complete a twenty-year career, however, for no fault of their own were not mobilized to active duty (not active duty for training), to be recognized (not for benefits) as veterans under the above definition. Again the DD214 will determine that status. Congressman Walz (D-MN) and Senator Lincoln (D-AR) introduced H.R. 3787 (in the House) and S. 1780 (in the Senate) to recognize officially Reserve Components with 20 years of honorable service.
Before Congress left for the elections, H.R. 3787 (as amended) passed the House – thanks to a lot of collaborative efforts of many associations, where we led the charge. However, the S. 1780 is almost dead in its current form. We are hoping that the SVAC will consider the H.R. 3787 version of the bill and take action in the "lame duck" session.
The following is a brief status on H.R. 3787. As you consider Veterans' Day this year, consider letting Congress know your opinion on this bill; and if you support it, ask the Senate to take action on it. You can use our CAPWIZ system to send Congress your opinion. It is the right thing to do for someone that served this country in uniform for at least 20 honorable years!
H.R. 3787 / S. 1780 – Full Veteran Status for Certain Guard / Reserve Retirees Issue. Under current law, career National Guard and Reserve members who are eligible for a reserve retirement and have never been called to active duty under Title 10 orders are not "Veterans of the Armed Forces of the United States" as defined in the Veterans Code, Title 38 USC.
Background. Title 38 requires a qualifying period of Federal active duty for a service member to be a veteran of the Armed Forces. Decades of military service comprised of inactive duty ("drill") training, active duty for training, and annual training are not creditable for veteran status unless a line-of-duty injury occurs during a period of such duty. Some states and other jurisdictions deny local veterans' benefits to neveractivated career reservists since Federal law does not include these military retirees in Title 38 as "Veterans." The anomaly is that these service members have qualified for a military pension and health care, and certain veterans benefits but are not "Veterans of the Armed Forces" under the law.
Solution. Amend Title 38 to include in the definition(s) of "Veteran" retirees of the Guard / Reserve Components that have completed a full career of 20 or more years of service but never served — through no fault of their own — at least one day of qualifying active duty. This issue is a goal of AUSN, the 32-member Military Coalition (TMC) sponsored jointly by TMC's National Guard and Reserve, and Veterans' Committees, and the 34 members of The National Military Veterans Alliance. The issue is supported by major veterans' groups including TMC member the VFW and the American Legion.
Legislation. H.R. 3787 (Rep. Walz), the Honor America's Guard-Reserve Retirees Act would establish veteran status for never-activated career members of the Guard and Reserve. The Senate companion bill is S. 3875 (Senators Lincoln and Kay Bailey Hutchison). H.R. 3787 / S. 3787 are cost-neutral. No new or unearned benefits are created under the legislation. The issue is a matter of honor, not benefits.
Status. The U.S. House of Representatives favorably reported H.R. 3787 on 28 Sept. 2010.
ACTION. Urge final Senate action on the House-passed H.R. 3787 prior to the close of the 111th Congress.
We have several ways on our AUSN "Contact Congress" – CAPWIZ system to let the 111th Congress know they need to pass this issue and take action on any veteran issue before final recess of the 111th Congress. Alternatively, you can contact me, and I will walk you through the process – ike.puzon@ ausn.org. Remember Veterans' Day is for all those that have served their Nation honorably. I like the below definition of a veteran, but Congress and others do not see it that way:
"A Veteran – whether active duty, discharged, retired, national guard, or reserve – is someone who, at one point in his/her life, wrote a blank check made payable to 'The United States of America,' for an amount of 'up to and including my life.'"