Summer 2018 Edition

Features:

• Junior Enlisted Spotlight
• EANGUS Conference
• Washington Watch
• Higher Education
  GCU Scholarship Recipient
• EANGUS Officer Nominations
• Helpful Resources
  G-RAP Letter | TRICARE | Changes to Post-9/11

It is apparent that the only way to stop the harassment of National Guard Soldiers over GRAP is through the political arena, where it began.

Click Here for press release from Senator Claire McCaskill’s Office that refers to “up to 100 Million” in fraud.

Click Here for article on the harassment targeting National Guard Soldiers by Active Duty CID because the level of fraud is so low that it amounts to Army CID lying to a Senator.

Click Here for the 60 Minutes episode and transcript stating that the fraud is 10 Million, and in our estimation, the National Guard GRAP fraud amounts to perhaps 3 Million and the remainder comes from the Active Duty Army Referral Bonus Program and the Army Reserve AR-RAP.

This is an effort by Active Duty to poke the National Guard in the eye, again, and show that they cannot manage money and programs.  They have attempted to remove combat equipment from the Guard (the Apaches) and cut our end-strength.  Both of those efforts failed, and since that was not successful, they are now creating felony charges out of thin air for National Guard Soldiers.  Active Duty CID violated their own CID regulations and hid problems in GRAP from TAGs and NGB.  Now they want to blame the National Guard for not addressing the problems.

Ask CID why their regulations changed several times during the investigation time frame.  Could it be because they were not following their own guidelines?

• AR-195-2 – 1985
• AR-195-2 – 2009
• AR-195-2 – 2014

This White House petition is one of several things that EANGUS is doing to help the innocent Soldiers of the National Guard.  Stop G-RAP (Guard Recruiting Assistance Program) investigations and indictments until it is determined that Army CID (Criminal Investigation Division) is operating within its authority and that the purpose of the investigations is held valid.  Recruiting Assistants were private subcontractors, yet Army CID has taken program deviations and turned them into allegations of criminal conduct to justify the wildly exaggerated amount of fraud reported by the Army to Congress.  We believe the process violates the Constitution, Posse Comitatus statute, DoD regulations and policy.  The investigation has cost taxpayers tens of millions of dollars and ruined the lives, families and careers of Soldiers and Veterans.

The Enlisted Association of the National Guard of the United States, EANGUS, believes the unwarranted and baseless investigations by the Army’s Criminal Investigation Command (CID) of thousands of innocent Army National Guard Soldiers who legitimately participated in the Guard Recruiting Assistance Program (G-RAP) must stop and stop immediately.

The Recruiting Assistance Program was created in 2005 when the Army National Guard was struggling to meet its recruitment numbers due to the wars in Afghanistan and Iraq. The National Guard’s Recruiting Assistance Program would provide incentives to National Guard soldiers and civilians to act as informal recruiters, or recruiting assistants (RA). These recruiting assistants would receive a payment of $2,000 for every new recruit they referred to a recruiter and that recruit finished their initial entry training. The Army National Guard’s Strength Maintenance Division contracted for these Recruiting Assistants with Docupak, who administered the contract. The recruiting assistants were hired by Docupak as subcontractors. After the program was put in place, the National Guard began to meet its recruiting goals and the Active Army and Army Reserve began their own similar programs.  All components of the Army implemented a form of RAP for various periods of time: The Army National Guard from 2005 to 2012; the Army Reserve from 2007 to 2012; and the active duty from 2008 to 2009. The total program was approximately $459 million.

In a Senate hearing, the Army alleged approximately $100 million in fraud. The Army CID, using over 200 agents, has spent about $40 million on the investigations to date, but only $2.377 million has been recovered—nowhere close to the alleged amount of fraud and a horrible return on the investment of resources.  Yes, there was some fraud, and the guilty have been prosecuted in court. But some of that money reflects mere capitulation; it was easier for some soldiers to simply return what they had earned through G-RAP than fight CID.

The Army Audit Agency conducted five separate audits of G-RAP. CID itself criminalized G-RAP program violations (not following ever-changing rules). Guardsmen who ran amiss of these rules were accused of fraud, a felony defined by the Army, audited by the Army, investigated by the Army and prosecuted by the Army in both civilian courts and through military administration. In some cases, the G-RAP “crime” amounted to just one payment of $2,000 when recruits could not remember the names of the individuals who recruited them from several years earlier…failed memory as felony!

In many cases, where there was only an investigation, Guard members have been flagged, their promotions and other favorable actions stopped, and their careers ruined over nothing more than unproven allegations. Many have capitulated and repaid their payments just to try and put an end to the unfounded allegations, and then found out the allegations didn’t end. Some have gone to court and been exonerated, yet still received punishment or career ending actions. Some have lost their conceal-carry licenses or job credentials. Some have lost their civilian jobs—all due to heavy handed investigations by CID agents who had no authority to question or investigation those with whom they had no jurisdiction.

This domestic attack on the Army National Guard must stop. The Army must own up to their embellished Congressional testimony and set the record straight. The Army, and especially the CID Command, owe it to each and every Guard member whose life has been terrorized and ruined to make them whole again, whatever it takes—do the right thing. And it needs to happen now.

Financial experts are telling the Pentagon that the reformed military retirement plan would shortchange career service members, especially those in the enlisted ranks, according to a report this week from Military Times.  While National Guard members continue to wait for details on how the reforms will affect them, the plan is getting close scrutiny before it goes into effect in 2018.

The American Academy of Actuaries is taking a look at the plan’s lump-sum payout and how the amount will be determined.  The complexity of determining how much an individual service member would receive increases the chances that choosing a lump-sum payment would cost the individual a great deal of money compared to accepting monthly retirement checks.

The problem is what’s called the discount rate, which considers money to have more value today than tomorrow and would be set by the Pentagon.  The Pentagon has an incentive to choose a discount rate that would pay less, saving money for the Defense Department.

In a letter, William Hallmark, an official with the academy, told the Pentagon, “We encourage the department to carefully consider the extent to which the discount rate should reflect a service member’s financial sophistication and immediate financial need, or whether the discount rate should be independent of these considerations.”

He warned that troops would not understand what they could lose by taking the lump-sum payout rather than accepting monthly checks.

EANGUS supported the retirement reforms because they extended benefits to more troops, specifically National Guard members.  EANGUS also supports providing information to military members so they can make a decision that is best for them.

Overview

There are provisions in the bill that effect EANGUS members. The EANGUS National Office staff brought numerous issues to the attention of the committee members and staff leading up to the markup, this spring: Health care plan improvements for National Guard members, to include access to the Federal Employee Health Benefit Program (FEHBP) slew of health care plans, better access to urgent care, and improving the survivor benefit plan for deaths during inactive duty training, to name a few.

One of the 2016 EANGUS Legislative Workshop point papers relating to mileage reimbursement was adopted. While the mileage tax credit was not reduced from 100 miles to 50 miles per the EANGUS point paper, the HASC provided the service secretary to review servicemembers travel expenses for inactive-duty training “outside normal commuting distances” on a case by case basis. The Guardsman or woman must live in the same state as the training location.

The Committee approved a 2.1 percent military pay raise and increased ARNG end strength to 350,000 and ANG end strength to 105,700.

Pertinent Sections of the Committee-passed Legislation

Section 527—Pilot Program on Consolidated Army Recruiting

This section follows the recommendation made by the National Commission on the Future of the Army Final Report: January 2016. This section would direct the Secretary of the Army to establish a 3-year pilot program in which recruiters from all three components (Regular, Reserve, and National Guard) are authorized to recruit individuals into any of the components, and receive credit toward periodic enlistment goals for each enlistment regardless of component.

Section 641—Maximum Reimbursement Amount for Travel Expenses of Members of the Reserves Attending Inactive Duty Training Outside of Normal Commuting Distances

Authorize the Secretary concerned, on a case-by-case basis, to reimburse travel expenses at a higher amount for Reserve Component members traveling to training from rural areas. The Guardsman or woman must live in the same state as the training location.

Section 1088—Modification of Requirements Relating to Management of Military Technicians

Delays the implementation date, from January 2017 to October 2017, on the conversion of not less than 20% of nondual status technicians with dual status technicians. This section also directs a report from DOD on the feasibility and advisability of converting any remaining dual status technicians to personnel performing Active Guard and Reserve Duty. To date, the EANGUS National Office has stayed silent on this issue, as DOD completes its internal reviews and analysis.

SECTION 624—EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR SURVIVORS OF RESERVE COMPONENT MEMBERS WHO DIE IN THE LINE OF DUTY DURING INACTIVE-DUTY TRAINING

Treatment of Inactive-Duty Training (IDT) in same manner as Active Duty. Eliminate the different treatment under the Survivor Benefit Plan accorded members of the Reserve Component who die from an injury or illness incurred or aggravated in the line of duty during Inactive-Duty training, as compared to the treatment of members of the Armed Forces who die in the line of duty while on Active Duty.

SECTION 642—STATUTE OF LIMITATIONS ON DEPARTMENT OF DEFENSE RECOVERY OF AMOUNTS OWED TO THE UNITED STATES BY MEMBERS OF THE UNIFORMED SERVICES, INCLUDING RETIRED AND FORMER MEMBERS

If, through no fault of the member, an indebtedness occurs as a result of the overpayment of pay or allowances to the member or upon the settlement of the member’s accounts, DOD may not recover the indebtedness from the member (including a retired and former members) using deductions from the pay of the member, deductions from retired or separation pay, or any other collection method unless recovery of the indebtedness commences before the end of the 10-year period beginning on the date on which the indebtedness was incurred.

SECTION 701—TRICARE Preferred and Other TRICARE Reform

Narrow Tricare options to a health maintenance organization (HMO) and preferred provider organization (PPO). The HMO would still be called Tricare Prime. Tricare Standard, the fee-for-service insurance option, would be renamed Preferred and its network of providers called a PPO.

Authorize SECDEF to establish an annual enrollment fee for TRICARE Preferred for beneficiaries who were in the Active Duty or retired categories prior to January 1, 2018.

In 2020, if DOD shows Congress they have improved overall quality and access, retirees on start paying annual enrollment fee of $100 individual, $200 family. Currently there is no annual enrollment fee.

For those enlisting on or after 1 January 2018, must pay annual fee, to include active duty

• ACTIVE DUTY PRIME: $180 individual, $360 family
• ACTIVE DUTY PREFERRED: $300 individual, $600 family
• WHEN RETIRED PRIME: $325 individual, $650 family
• WHEN RETIRED PREFERRED: $425 individual, $850 family

House panel votes to end military pay-benefit slide, tweak ex-spouse law [Stars and Stripes]

Section 704—Access to Urgent Care Under TRICARE Program

MTFs must stay open past normal business hours and maintain urgent care facilities open to 11pm—or – contract  with community based urgent care clinics open to 11pm without needing a referral.

MTFs will be rightsized for their surrounding community to provide care the community cannot

Eliminates preauthorization for urgent care

SECTION 712—STUDY ON IMPROVING CONTINUITY OF HEALTH CARE COVERAGE FOR RESERVE COMPONENTS

The Secretary of Defense shall conduct a study of options for providing health care coverage that improves the continuity of health care provided to current and former members of the Selected Reserve of the Ready Reserve who are not serving on Active Duty, eligible for transition assistance, eligible for Federal Employee Health Benefit Program (FEHBP).

Study to include:

• Whether to allow current and former members of the Selected Reserve to participate in FEHBP
• Whether to pay a stipend to current and former members to continue coverage in a health plan obtained by the member
• Whether to allow members of the National Guard assigned to Homeland Response Force Units mobilized for a State emergency to remain eligible for the TRICARE program
• Any other options for providing health care coverage to current and former members of the Selected Reserve the Secretary considers appropriate

Pertinent Amendments ADOPTED During Committee Markup

Exemption of Dual Status Military Technicians from Civilian Employee Furloughs [Rep. Nugent (R-FL)]

Extended TRICARE Program Coverage for Certain Members of the National Guard and Dependents During Certain Disaster Response Duties (Rep. Larsen D-WA)]

• Authorizes DOD to recoup, from the state, costs associated with providing Guardsman or woman TRICARE coverage during disaster response.

Repost from NPR:  http://www.npr.org/2014/04/22/305887787/army-vs-national-guard-who-gets-those-apache-helicopters

“The debate is about how to make these cuts in the Army, and in particular how to allocate cuts between the active component and the reserve component,” says Todd Harrison with the Center for Strategic and Budgetary Assessments.  “I would think a Black Hawk helicopter is going to be far more useful in a natural disaster situation than Apache attack helicopters,” he says.

Repost from Watertown Daily Times:  http://www.watertowndailytimes.com/news03/army-officials-tell-stefanik-fort-drum-will-receive-apache-helicopters-on-schedule-video-20160227&

Fort Drum will receive a set of 24 Apache helicopters from the National Guard this summer, Army officials confirmed Friday.  “We will execute those transfers on time and on schedule,” said Gen. Daniel B. Allyn, Army Vice Chief of Staff. “The 10th Combat Aviation Brigade will receive its Apaches on schedule,”

Repost from DefenseNews:  http://www.defensenews.com/story/defense/land/army-aviation/2015/01/29/army-aviation-restructure-initiative-ausa/22525965/

Key US Army aviation modernization plans all hinge on the service’s cost-cutting Aviation Restructure Initiative (ARI), senior service officials said on Thursday.  The plan, which has stirred controversy with National Guard advocates, is unpalatable but necessary in light of sequestration budget cuts, said Army Vice Chief of Staff Gen. Daniel Allyn, speaking at an Association of of the US Army aviation event.

Repost from Federal News Radio:  http://federalnewsradio.com/army/2016/02/army-wants-guard-reserve-deployments-2017/

Citing ongoing readiness strains within its active duty force, the Army is asking Congress for permission for a significant uptick in its use of National Guard and Army Reserve forces to handle missions in combatant commands throughout the world.  “We need more flexible access to the reserve component, specifically for emerging missions,” Gen. Daniel Allyn, the Army’s vice chief of staff, told the House Armed Services Committee Friday. “Where the stress is really starting to press down on our active formations is in meeting emerging requirements where we have time constraints that don’t let us prepare and deploy a reserve component unit to meet the requirement.

— Active-duty-families: Tricare Select will be available at no cost to active-duty family members provided they use MTFs or network providers. Tricare Choice will also be available at no cost to active-duty family members if they use an MTF, but will add modest copays ranging from $15 for in-network primary care to $50 for in-network emergency care. All active-duty family members would incur a 20-percent copay for using non-network providers regardless of plan.

— Retirees under age 65: The current family rate for those enrolled in Tricare Prime is essentially $565. Under the new Tricare Select, the annual enrollment fee would rise 24 percent to $700. Under Tricare Choice, the family enrollment rate would be $900, whereas the exiting Tricare Standard/Extra programs have no enrollment fee. Regardless of plan, retirees would incur no copay if using an MTF. For network care, Select enrollees would incur copays ranging from $20 for primary care to $75 for emergency care, and Choice enrollees would see copays of $25 for primary care and $90 for emergency care. Both plans would see 25 percent copays for non-network care.

— Retirees 65 and older: Retirees in the rank of O-6 and below would pay 0.25 percent of their gross retired pay to enroll in Tricare for Life, which acts as a secondary insurance to Medicare Part B. The quarter-percent enrollment fee would gradually increase to 1 percent by FY 2020. Flag officers, or those in the ranks of O-7 and above, would pay a $100 enrollment fee in FY 2017, which would gradually increase to $400 in FY 2020.

— Retiree pharmacy copays: The Pentagon is again pushing the use of Tricare’s mail-order pharmacy, since provides a three-month supply of medications for the same cost or less of a one-month refill from a network pharmacy. More about the home delivery program here: http://www.tricare.mil/CoveredServices/Pharmacy/FillPrescriptions/HomeDelivery.aspx.

FOR IMMEDIATE RELEASE

Contact: CMSgt (Ret) John Harris, EANGUS President

Contact Info: president@eangus.org

EANGUS welcomes SGM (Ret) Frank Yoakum as its next Executive Director

ALEXANDRIA, VA – Chief Master Sergeant (retired) John M. Harris, President of the Enlisted Association of the National Guard of the United States (EANGUS), is delighted to announce the selection of Sergeant Major (retired) Frank Yoakum as its next Executive Director by the EANGUS Board of Directors.

Announcing Yoakum’s appointment, Harris said, “Frank is a true leader who brings a wealth of experience on the Hill and in the Guard to the Executive Director’s position. The Executive Council strongly supports his selection.”

Reflecting on his appointment, Yoakum said, “I am honored and humbled by the selection and look forward to leading the National Office in the coming years.”

Sergeant Major (retired) Yoakum has a lifetime of service to the nation in the U. S. Army, and has been affiliated with EANGUS for the past 13 years in various paid and volunteer capacities. He is a life member of EANGUS and a life member of the Wyoming National Guard Association.

Yoakum comes to the association from the National Guard Bureau in Arlington, Virginia, after working most recently as a Human Resource Strategist there. Previous to his work at National Guard Bureau, he was the Legislative Director for EANGUS and also worked in the National Guard Bureau’s Legislative Liaison office. He retired in 2006 after serving over 31 years in the Army and Army National Guard.

EANGUS would like to congratulate Bryan Birch for his tremendous service as the Interim Executive Director for the past 16 months. Bryan and our entire National Office Staff performed admirably, taking on additional duties, sacrificing personal time, and ensuring that the operations of EANGUS and our service to the State Associations were not only maintained, but improved. We are all looking forward to a successful 2016 and beyond.

EANGUS Press Release – New Executive Director

We increased the number of surveys again last month and are close to 3,000.  Please push this link out to your Association membership.  The last day to take the survey is 04 MAR 2016.

Here is the link for the survey:  https://www.surveymonkey.com/r/NationalGuardSurvey_2016

The website can be reached by cellphone, tablet and yes, even military computers.  We can inform our National Military Leaders on our thoughts and concerns regarding our attitudes towards our service.  This survey and the views we hope it generates will be important to these leaders and they are directly listening to our National Guard Committee on these topics.  The last survey you assisted us with a few months ago was used to directly inform the FORSCOM Commander on our ideas regarding training for the National Guard.

Please take the survey and then pass this link and purpose out to all Soldiers and Airmen you know.  Use your company distros, Unit Facebook pages, etc to get the message out about this opportunity to express our views for the future of our Force Structure.  We are looking for 5,000-10,000 responses and we need your help.  The National Commission on the Future of the Army, Adjutant Generals from around the Nation and these National Leaders are all listening to and look for what we can bring to the table.  The survey will run for 8 weeks so there is time to get the word out.  It is quick.