Chairman Hall, Ranking Member Sanborn and Members of the Disability and Memorial Assistance Subcommittee, the Military Officers Association of America (MOAA) is pleased to submit for the official record of this hearing the following statement in support of H.R. 3787.

MOAA does not receive any grants or contracts from the Federal government.

H.R. 3787 (Rep. Tim Walz, D-MN), the Honor America’s Guard and Reserve Retirees Act.

The purpose of the bill is to establish in law that members of the National Guard and Reserve who are qualified for a non-regular retirement under Chapter 1223 of 10 USC but who were never called to active federal service during their careers, are “veterans of the Armed Forces of the United States” as defined in Title 38. 

This issue is a matter of honor to those who through no fault of their own were never activated, but served their Nation faithfully for 20 or more years.   It’s now time for Congress to take the final step and formally authorize these volunteer career citizen-warriors as veterans under the law.

MOAA understands that the intent of this bill is honorific only: the bill does not seek to award any benefit for which these veterans have not qualified for elsewhere in law.

Justification for H.R. 3787

All members of the National Guard and Reserve forces volunteer for service to the Nation and are liable for activation in its defense.

Over time, Congress has authorized a number of veterans’ benefits for National Guard and Reserve members, including military reserve retirees.  In establishing such benefits, the Nation acknowledges that these servicemembers are “veterans” in many respects except for specific recognition in the statute.

In the VA’s booklet, Federal Benefits for Veterans and Dependents, “Reservists who served on active duty establish veteran status and may be eligible for the full-range of VA benefits, depending on the length of active military service and a discharge or release from active duty under conditions other than dishonorable. In addition, reservists not activated may qualify for some VA benefits”.

Some of the benefits available to never-activated career reservists include:

• VA home loan eligibility at six or more years of honorable service in the Selected Reserve
• burial in a national cemetery or state veterans’ cemetery; and, memorial benefits for the non-veteran retiree entitled to reserve retired pay at the time of death
• Servicemen’s Group Life Insurance (SGLI) and Veterans Group Life Insurance (VGLI)

During the course of a military reserve career, a Guard or Reserve member who is disabled in the line-of-duty during military training – either inactive duty (drill) or active duty training – or traveling to or from such duty on competent military orders may be awarded a VA-rated disability, compensation and access to VA health care for life.  Survivors of reservists who die from an injury incurred during such duty are entitled to survivors’ benefits.  See Section 106(d), 38 USC.

In terms of military benefits under Title 10, members of the reserve components who have completed 20 or more years of qualifying service are entitled, upon reaching age 60, to all of the benefits of active duty military retirees.  These earned entitlements include a monthly pension, military health care—TRICARE and TRICARE for LIFE— and other benefits related to their status as military retirees. 

Notwithstanding eligibility for certain veterans benefits and entitlement to military retired pay and other Title 10 benefits, reserve retirees who have not been called to active duty during their military careers are not cited as “veterans of the Armed Forces” in Title 38.

Under the Nation’s ongoing “operational reserve” policy, over time there will be fewer and fewer Guard and Reserve members who will not have served at least one qualifying tour of active duty in the course of a normal reserve career.  For the remaining cohort, the issue of their status as veterans is about honor not benefits. 

Never-activated reserve retirees seek public and statutory recognition as “veterans of the Armed Forces of the United States”.  They volunteered to serve, served honorably, and were prepared to serve on active duty if called.  The absence of specific statutory recognition of this cohort as “veterans” is a vestige of the Cold War, when the Nation relied upon conscription for its manpower.  These career servicemembers – all volunteers -- should not be penalized for decisions beyond their control concerning federal activation.

MOAA understands that the bill’s sponsor, Rep. Tim Walz, may offer an Amendment in the nature of a substitute bill at today’s hearing to clarify the bill language to ensure that no unearned veterans’ benefits would accrue to these veterans subsequent to the bill’s enactment. 

The Military Officers Association of America strongly supports enactment of H.R. 3787, the Honor America’s Guard-Reserve Retirees Act.  In the event that Rep. Walz offers an Amendment in the nature of substitute language to clarify the intent of the bill, MOAA supports that objective, namely that no veterans’ benefits not otherwise authorized in law would accrue to these veterans should the bill subsequently be enacted.