Letter to the Honorable Ashton B. Carter, Secretary of the Department of Defense - Regarding the Pentagon's Demand that National Guard Soldiers Repay Bonuses Given to Them for Reenlisting

Letter

Dear Secretary Carter,

I write with deep concerns regarding reports that the Pentagon is demanding that thousands of soldiers in the National Guard return bonuses paid to them for reenlisting often with the expectation that the reenlistment would entail one or more combat deployments. I believe it is unacceptable to penalize soldiers-who have sacrificed so much for our freedom and security-for a mistake that is not their fault. I ask you to personally intervene and to eliminate any expectation of payment from individuals and to reimburse any who have already made payments.

If you have the authority to reverse this decision, I ask you to do so without delay. If you believe you lack the statutory authority to reverse this decision, I welcome the opportunity as a member of the Senate Armed Services Committee to work with you to provide the necessary statutory authority to do the right thing for our service members who have done so much for us.

As you know, the Los Angeles Times has reported that, "Nearly 10,000 soldiers, many of whom served multiple combat tours, have been ordered to repay large enlistment bonuses - and slapped with interest charges, wage garnishments and tax liens if they refuse - after audits revealed widespread overpayments by the California Guard at the height of the wars last decade." This policy is inflicting serious financial hardship on thousands of service members and veterans who certainly deserve much better. They should be honored for their service and sacrifice, not punished for bureaucratic incompetence that is not their fault.

For these reasons, I ask you to answer in writing the following questions:

1) How many individuals are impacted?

2) What portion of these service members or former service members deployed at least once into a combat zone?

3) What portion of the individuals impacted were junior enlisted or company grade officers at the time of the payment(s)?

4) What is the total amount of inappropriate payments?

5) What is the average amount per individual of inappropriate payments?

6) What is the largest amount any one individual is being asked to repay?

7) How many individuals have already repaid the full amounts or are currently making payments?

8) How did these inappropriate payments occur?

9) When did the Department of Defense (DoD) discover the inappropriate payments?

10) If a significant amount of time elapsed between the payments being made and DoD's discovery or determination that they were inappropriate, please explain this delay.

11) What reforms has DoD and the National Guard Bureau implemented to prevent inappropriate payments in the future?

12) Do you believe that DoD has the legal authority to reverse these decisions and not require service members to return money given to them erroneously?

13) If so, do you plan to exercise that legal authority? If so, when? If not, why not?

14) If you believe that DoD does not have the legal authority to waive any requirement for payment and reimburse those who have already paid, what statute(s) do you believe prevents you from doing so? How do you believe such statute(s) must be changed to provide you the necessary authority?

If inappropriate payments were made, the Department of Defense and the National Guard Bureau must implement the necessary reforms without delay to prevent such mistakes in the future. However, it is absolutely wrong to demand that soldiers who have fulfilled their commitment to our country be asked to pay for an error beyond their control. If you believe the law must be changed to permit you to do the right thing, I stand ready to work with you.

I look forward to your response. Thank you for your distinguished service to our country.

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