The Senate has passed the Hubbard Act, which we supported in an editorial this week and it's now up to President Bush to correct the unfairness to sole survivors serving in the military. Read our blog about it here.
The Hubbard Act honors the Valley's Hubbard brothers; Jason, Jared, and Nathan. Both Jared and Nathan lost their lives serving their country in Iraq. Jason, a sole survivor, was granted an early discharge but was denied separation benefits and even penalized for part of his enlistment bonus when he left the Army. And he's not the first to be handled so poorly. We hope that will end now and that President Bush will sign this bill immediately.
Here is the press release from Rep. Devin Nunes' office issued a few minutes ago:
Washington, DC - U.S. Senator Dianne Feinstein (D-Calif.), Representative Devin Nunes (R-Calif.) and Representative Jim Costa (D-Calif.) today announced that the Senate has passed the Hubbard Act, to honor America's military "sole survivors."The Hubbard Act, which now awaits signature by the President, is named in honor of the Hubbard brothers; Jason, Jared, and Nathan. Both Jared and Nathan lost their lives serving their country in Iraq. Jason was discharged as a sole survivor, but was denied separation benefits when he left the Army.
The bill, which passed the House earlier this week, will provide sole survivors a number of benefits already offered to other soldiers honorably separating from military service. In addition, sole survivors will not be required to repay any portion of their enlistment bonus; may participate in the Montgomery GI Bill educational program; and may receive separation pay and transitional healthcare coverage.
"It's been 65 years since the Sullivan brothers were lost at sea during the battle at Guadalcanal, which spurred the establishment of a sole survivor policy. Since that time, Congress has made a lot of changes to the benefits available to separating servicemen. In all that time, no law has been passed on behalf of sole survivors. The Hubbard Act rectifies this oversight and honors the patriotic service and enormous sacrifice of the Hubbard's," said Rep. Devin Nunes.
Background
Under the Department of Defense's "sole survivor" policy, service members who lose all their siblings in war are not allowed to return to a combat environment. The policy - portrayed in the film, "Saving Private Ryan" - is intended to protect American families from losing all their children to war.
But recent experiences during the conflicts in Iraq and Afghanistan show that the policy is deeply flawed. Sole survivors who leave military service early under the policy have been asked to repay all or part of their enlistment bonuses. They have also been denied access to the separation benefits veterans need when transitioning out of the Armed Forces, including the GI Bill, transitional veterans health care, and the Veterans Home Loan Guarantee Program.
The Hubbard brothers of California illustrate the flaws with this program.
In November 2004, Jared Hubbard, a Marine, was killed by a roadside bomb in Iraq. Six months later, his brothers Nathan and Jason Hubbard enlisted together in the Army - to honor Jared and to serve their country.
Nathan and Jason Hubbard served in the same unit in Iraq. Last August, the brothers were returning from a scouting mission in two Blackhawk helicopters south of Kirkuk. The helicopter carrying Nathan crashed, and he was killed. Jason Hubbard's helicopter landed nearby, and he was ordered to help secure the crash site.
Jason Hubbard was required to leave the combat theater because he had become a "sole survivor." When he voluntarily separated from the Army under this policy, he was asked to pay back his enlistment bonus. He was also denied transitional health care and the GI Bill.
The Secretary of the Army personally intervened to resolve Jason Hubbard's health care and bonus issues. But he is still not allowed access to the GI Bill unless he goes through the lengthy process of changing his discharge code.
Jason Hubbard is one of 51 sole survivors identified since the September 11, 2001, terrorists attacks.
The Following is a summary of the Hubbard Act of 2008:
The bill would allow a service member who voluntarily separates under sole survivorship to qualify for the following provisions, many of them retroactive to September 11, 2001. It specifically:
-Waives the requirement to pay back any portion of their enlistment bonus upon separating from the military;
-Authorizes participation in the Montgomery GI Bill educational program, as long as they initially participated in the program;
-Authorizes full separation pay;
-Authorizes transitional health care coverage for 120 days. (Not retroactive);
-Authorizes use of commissaries, base exchanges, and morale, welfare and recreation for two years;
-Authorizes entitlement to the Veterans Home Loan Guarantee program;
-Authorizes conversion of Servicemembers' Group Life Insurance (SGLI) policy to a term policy called Veterans' Group Life Insurance (VGLI);
-Authorizes veterans' preference in government employment, if applicable when applying for a government position. (Not retroactive);
-Authorizes unemployment compensation. (Not retroactive); and
-Authorizes veterans employment and training through Department of Labor. (Not retroactive).
Meanwhile house Republicans are on the floor discussing energy issues.
Democrats have all vacated the premises.