Tell Congress to Follow Its Own Laws (10 US Code 10209)

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Tell Congress to Follow Its Own Laws (10 US Code 10209) Congress Violates Its Own Laws

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Title 10 US Code §10209 Please send the following message to your elected officials, candidations for national office, and the media --
So much of Title 10 US Code §10209, Regular and reserve components: discrimination prohibited, which states, in its entirety: "Laws applying to both Regulars and Reserves shall be administered without discrimination-
(1) among Regulars;
(2) among Reserves; and
(3) between Regulars and Reserves."
In virtually all concurrent receipt and widows' legislation beginning with the 2001 NDAA with the first authorization of SCSC (Special Compensation for the Severely Disabled) we see consistent violation of §10209.
SCSD Basic eligibility was non-disability retirement with at least 20 years of active retirement service AND receipt of a VA disability award of at least 60% within the first four years of retirement. Is this clearly not discrimination (1) among Regulars and (3) between Regulars and Reserves. Further the DoD issued a 7200 Point Rule for Reservists which established an eligibility threshold of 7200 points (the equivalent of 19 years 18 months of active duty ... the very large majority of reservists retire with between 2200 and 4000 points). Is this not discrimination (3) between Regulars and Reserves?
With the repeal of SCSD in 2003, we see continue to see consistent violation of §10209:
* In 2003, CRDP (10 USC §1414) was authorized for those with at least 60% service connected disability which was changed to 50% in 2004. Both versions specifically excluded those with less than 50%
disability. Both versions specifically excluded those retired with less than 20 years retirement service for medical disability under 10 USC Chapter 61. Is this not discrimination (1) among Regulars and (2) among Reserves?
* In 2003, CRSC (10 USC §1413a) was authorized for those with combat related disabilities of least 10% if associated with the Purple Heart or at least 50% otherwise. In 2004 the Purple Heart requirement was dropped and all CRSC eligibility was established at 10% service connected disability. Is this not discrimination (1) among Regulars and (2) among Reserves? Both versions specifically excluded those retired for medical disability with less than 20 years service 10 USC Chapter 61. Is this not discrimination (3) between Regulars and Reserves?
* In 2004, the Social Security Offset of Survivors Benefits Payments (SBP) at age 62 was repealed with full restoration from 35% to 55% being phased in over 4 years. Yet the more damaging VA Dependency Indemnification Compensation (VADIC) offset to SBP remains in full force. Is this not discrimination (1) among Regulars and (2) among Reserves?
With the 2008 NDAA (HR 4986 / PL 110-181), we have the most egregious violations of 10 USC §10209 to date:
* Section 641 expanded CRSC to include Chapter 61 retirees with less than 20 years but there was no corresponding expansion of CRDP. Is this not discrimination (1) among Regulars and (2) among Reserves?
* Section 644 provides a mockery "Special Survivor Indemnity Allowance" of $50 beginning in October 2008, incremented by $10 for 5 years to a cap of $100, for those survivors whose SBP is offset by VADIC with the authority ending in 2016. This is a "mockery" because in 2008 the VADIC is $1091 and the average SPB is $900, so the "Special Survivor Indemnity Allowance" at full capped value falls short of parity by some $90. Further the allowance is temporary! Regardless, is this not discrimination (1) among Regulars and (2) among Reserves?
* Section 644 specifically excludes from the "Special Survivor Indemnity Allowance" those whose military sponsor dies on active duty. This exception includes those who are Killed in Action! HR 5441 would correct this travesty.
HR 333 would correct the many violations of 10 USC §10209 that exist in CRDP (10 USC §1414) and CRSC (10 USC §1413a) law.
All we disabled military retirees and our survivors asked for was --
* Restoration of earned military retired pay without offset from VA disability compensation.
* Restoration of the purchased survivors benefit annuity without offset by the VA dependency indemnification compensation.
* We did not ask for differentiation between service-connected and combat-related disabilities.
Rather than hacking up title 10 US Code with piece meal surgery on the wrong body part, as has been done since 2003, all that was required was the repeal of the sections of title 38 US Code that prohibit the concurrent receipt of DoD retirement pay and survivors benefits in conjunction with VA awarded disability and dependency compensation.
As your constituent, I urge you to correct this travesty with the 2009 National Defense Authorization Act.