Letter to The Hon. Ashton Carter, Secretary of the Department of Defense and the Hon. Joseph Lengyel, Chief of the National Guard Bureau - Regarding California National Guard Enlistment Bonuses

Letter

Dear Secretary Carter and General Lengyel

Today, we write regarding the urgent matter impacting thousands of members of the California National Guard. Years after receiving enlistment bonuses, these men and women have been
asked to pay back the bonuses they improperly received through no fault of their own. Thank
you for taking action to suspend these collections as soon as practicable and your pledge to
streamline the process so that it works for servicemembers who acted in good faith. We urge you
to make this a top priority and work with Congress to find a permanent solution to make
servicemembers whole.

As reported by the Los Angeles Times, "nearly ten thousand 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." The overpayments were
discovered after a federal audit found paperwork errors committed by the California National
Guard when awarding enlistment bonuses. Those responsible pleaded guilty and were held
accountable.

Those who served in the California National Guard bear no responsibility for the mistakes and
misconduct that led to these payments. It is unfair and unacceptable to hold them accountable a
decade later. Basic contract law dictates that if a member of the National Guard was offered a
reenlistment bonus or other benefits and incentives in exchange for agreeing to serve another
enlistment and deploy to war, that member should receive the bonus money and benefits if they
fulfilled the terms of their enlistment. Even if those bonuses and benefits offered by the Guard
were unauthorized, the Army would be contractually liable for paying the bonuses to the Guard
members because they signed reenlistment contracts and agreed to put their lives on the line
under a belief that they would receive the bonuses and incentives offered to them for their
service and sacrifice.

It is ultimately our responsibility to work together to find a long-term solution to this matter.
However, we are pleased that the Department has suspended collections on enlistment bonuses
until a permanent solution can be reached. Guard members who received these bonuses in good
faith should not be required to go through a lengthy and frustrating appeals process that damagestheir credit and causes undue stress on Guard members and their families. They should not be
forced to file a lawsuit to enforce their rights under the reenlistment contract they signed after
honorably serving and deploying to war. The LA Times story highlights cases in California, but
servicemembers could be facing this same issue across the country. Although the full scale of
this matter is still unclear, the National Guard Bureau has acknowledged that overpayments have
occurred in every state during the height of the wars in Iraq and Afghanistan. Any permanent
solution should also make servicemembers who acted in good faith whole if they have already
repaid the Department.

Again, thank you for your action to halt the collections and streamline the process. We are ready
and willing to work with you to find a permanent solution to this matter

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