IMPROVEMENTS TO THE RESERVE COMPONENT OPERATIONAL READINESS

Operational Reserve Policy

• Correct the early retirement credit to include all Guard and Reserve members who have served on active duty tours of at least 90 days retroactive to September 11, 2001.
• Modernize the reserve retirement system to reflect the increased service and sacrifice of operational reservists including appropriate credit for active and inactive duty service.
• Allow full-retirement credits for all inactive duty training points earned annually (annual IDT points are capped at 130 presently).

• At a minimum, sustain Guard and Reserve force end-strengths for each service, and provide proper funding for their equipment and operational readiness.
• Adequately fund National Guard Reserve Equipment Accounts to ensure that an Operational Reserve Component can maintain training and deployment cycles.
  

Expand Incentives Credits for Employers of the Guard and Reserve
The Operational Reserve Policy makes employer support more important than ever. Employer pressure is listed as one of the top reasons members of the Guard and Reserve leave the military.

• Make permanent and expand employer tax credits as a means to help offset costs associated with employees' Guard or Reserve activities and reinforce employer support.
• Allow civilian employers to pay the Selected Reserve employee's TRS premiums as an option under the employer's health coverage to recruit and/or retain Guard and Reserve members.
  

SEAMLESS TRANSITION FOR ACTIVATED GUARD AND RESERVE AND THEIR FAMILIES
Over 825,000 members of the Guard and Reserve have been activated since 9/11. Congressional hearings and media reports have documented the fact that at separation, many of these service members do not receive the transition services they and their families need to make a successful readjustment to civilian status.

• Protect and upgrade "yellow ribbon" programs and ensure that Federal Reserve veterans have access to services and support that are available to National Guard veterans.
• Support funding for Travel and Transportation Allowances for up to three designated representatives at Yellow Ribbon Events.
• Support payment of a stipend toward employers' health care for dependents in lieu of TRS coverage.
• Provide preventive and follow-up counseling and behavioral health services for mobilized RC members and families, and training so they know when to seek professional help related to their circumstances.
• Seek hearing on status of GAO recommendations (GAO Rpt. 08-901) for the Benefits Delivery at Discharge (BDD) program.
• Support reserve "good year" credits, as opposed to active days, when calculating disability ratings.
• Authorize "Flexible Spending Account" claims filing for a prior reporting year after return from active duty for mobilized Guard and Reserve members.

RECOGNITION OF GUARD AND RESERVE AS OPERATIONAL WARRIORS.

Veteran Status For Certain Guard/Reserve Retirees
Some Guard and Reserve servicemembers complete 20 years of qualifying service for retirement without having been called to active duty service under federal orders during their careers, even though they may have been called up under state orders for airport protection, border duty, or disaster assistance.

Amend Title 38 to include in the definition(s) of 'veteran' retirees of the Guard / Reserve components who have completed 20 or more years of service, but are not considered to be veterans under the current statutory definitions.

GI Bill – Selected Reservists Left Behind

• Restore basic reserve MGIB benefits for initially joining the Selected Reserve to the historic benchmark of 47-50% of active duty benefits.
• Integrate reserve and active duty MGIB laws in Title 38.
• Enact academic protections for mobilized Guard and Reserve students including: refund guarantees; and, exemption of Federal student loan payments during activation.
• Exempt earned benefit from GI Bill from being considered income in any need based aid calculations.
• Develop a standard nation-wide payment system for private schools.
  

GUARD AND RESERVE HEALTH CARE READINESS

We will work with Congress and DoD to ensure consistency of health benefits and continuity of care for National Guard and Reserve members and their families regardless of duty status.

• Expand DoD responsibility for medical and dental care to Reservists beginning with the issuance of an alert order and 180 days post mobilization to ensure service members meet readiness standards when DoD facilities are not available within a 50 mile radius of a member's home.
• Ensure Guard and Reserve members have adequate access and treatment in the DoD and VA health systems for Post Traumatic Stress Disorder and Traumatic Brain Injury following separation from active duty service in a theatre of operations.
• Allow eligibility in Continued Health Care Benefits Program (CHCBP) for Selected Reservists who are voluntarily separating and subject to disenrollment from TRS.
• Permit members of the IRR to enroll in a premium-based TRICARE program such as TRICARE Reserve Select as an incentive for their continued service.
• Allow beneficiaries of the Federal Employee Health Benefit Plan who are Selected Reservists the option of participating in TRICARE Reserve Select.
• Request that GAO review DoD's TRICARE Retired Reserve rate structure to determine a fair and equitable premium.
• Increase access to health and dental care for those residing in rural areas through the use of innovative technologies.

GUARD AND RESERVE LEGAL RIGHTS

Uniformed Services Employment and Reemployment Rights Act (USERRA)

• Extend USERRA protections beyond the current five year limitation.
• Amend USERRA to bar binding arbitration agreements on USERRA issues, which in some cases allow arbitrators to circumvent intended USERRA protections.
• Require that States which accept federal funds for any state programs or activities must waive their sovereign (11th Amendment) immunity in cases of USERRA actions.
• Provide punitive damages in the worst cases of reemployment discrimination.
• Make the award of attorney fees mandatory rather than discretionary.
• Monitor the US Office of Special Counsel demonstration project of USERRA enforcement for Federal Agencies. 

Servicemembers Civil Relief Act (SCRA) Protections
The changing nature of civil law and the conditions of service today indicate that the SCRA must be continuously reviewed to protect service families.

• Forbid discrimination based on a member being in the Reserve Component.
• Amend to include protections on leases and contracts impacting mobilized small business owners.
• Broaden the types of insurance that the service member is entitled to reinstate after returning from military service.  As currently written, the returning service member is entitled to reinstate health insurance under SCRA and USERRA, but other insurances protections are needed for professionals, dental and disability coverage.
• Override agreements to submit future disputes to binding arbitration.

Review and endorse appropriate provisions in a Dept. of Justice legislative package (Sept. 2011) submitted to Congress that would strengthen the USERRA and SCRA.

RESERVE COMPENSATION SYSTEM
The reality of multiple active duty tours in a reserve career requires improvements to the reserve component compensation package to make it more equitable with the active component.

• Provide parity in special incentive pay, including career enlisted/officer special aviation incentive pays, diving special duty pay, and pro-pay for medical professionals.
• Eliminate BAH II, and provide full BAH for any active duty service.
• Upgrade Space-A Travel access for Guard and Reserve member and their spouse.
• Restore full tax-deductibility of non-reimbursable military travel expenses of at least 100 miles round trip.
  • Support Senate concept to eliminate a minimal distance requirement for military travel reimbursement.
• Oppose recommendations to convert the active duty and reserve retirement systems to a civilian-style vesting system.