HR 5825 - The Hubbard Act
Sole Survivor Legislation


Please send the following message to your Representative --

I urge you to cosponsor HR 5825, the Hubbard Act, introduced by Rep. Devin Nunes on April 16. This legislation is important to our Armed Forces and to their families.

As a matter of background, this bill was created due to the tragic experience of the Hubbard family. In November 2004, 22 year-old Jared Hubbard lost his life while on patrol in Iraq when a roadside bomb exploded. Six months later, Nathan and Jason Hubbard, his only two brothers, enlisted together-in honor of their fallen brother.

In August 2007, returning from a scouting mission south of Kirkuk, Iraq, the Blackhawk helicopter carrying Nathan Hubbard and 13 other soldiers crashed. Jason Hubbard, who served in the same Army platoon, was in another helicopter when his brother went down and helped secure the crash site. Upon his brother's passing, Jason was immediately redeployed stateside and was offered a "sole survivor" discharge.

However, after returning from Iraq and being discharged, he was asked to repay significant portions of his enlistment bonus, was denied transition healthcare, and told he would no longer participate in the GI Bill program, even though he had paid into the system. Clearly, this is an oversight in the law that must be rectified.

Currently, there are no standard benefits available to those who separate from the Armed Forces under the "sole survivor" policy, whether or not their service obligation was completed. This legislation would provide to those who voluntarily separate under "sole survivorship" the same benefits provided to those who involuntarily, honorably separate from the military.

Specifically, HR 5825 would authorize a service member, enlisted or officer, who voluntarily separates under sole survivorship, the following (even if they have not fulfilled their military commitment) provisions which are retroactive to 9/11/2001:
• Waive the requirement to repay any portion of their enlistment bonus;
• Authorize participation in the Montgomery GI Bill educational program so long as they initially participated in the program;
• Authorize full separation pay based on actual time served;
• Authorize use of the Commissary, Base Exchange, and Morale, Welfare and Recreation for 2 years;
• Authorize entitlement to the Veterans Home Loan Guarantee program;

The following provisions are not retroactive to 9/11/2001:
• Authorize transitional healthcare coverage for 120 days;
• Authorize Veterans' Preference in Government Employment -- if applicable when applying for a government position;
• Authorize Unemployment Compensation;
• Authorize Veterans Employment and Training through the Department of Labor.

I consider HR 5825 to be in the best interest of our soldiers and their families who share in the hardship of service to this nation with honor and focused resolve. In these cases of sole survivorship, these men and women have sacrificed and given up more than anyone could ever ask of them and they deserve more than what they are currently offered.

Again, please do the right thing and cosponsor this very important legislation.

http://www3.capwiz.com/usdr/issues/alert/?alertid=11284946