Sent to ROA on 17 October 2023
Reserve Organization of America
1 Constitution Ave NE
Washington, DC 20002
SUBJECT: Petition to ROA to advocate Congress to repeal §12316 of Title 10
Dear ROA Advocacy Team,
I am a new ROA Member writing to petition ROA Advocacy Team’s to advocate Congress to repeal §12316 of Title 10, which prevents Reserve members from receiving disability compensation and military pay on the same day.
The way this law is currently interpreted deters, disincentivizes, if not outright fiscally precludes disabled Veterans—deemed fit for duty by their own branches—from earning a wage commensurate with their peers for the same work. This law discriminates against disabled Veterans not on their ability to complete their required duties, but rather by their very status as a “disabled Veteran” entitled to compensation. Moreover, if that member is serving a Reserve commitment, that member is forcibly precluded from receiving the disability compensation for which they are entitled under the U.S. Government’s own adjudication.
Background
I transitioned into the Air Force Reserves in 2021 under the Palace Front Program as an Air Force Captain (O-3). I served for five years on active duty as a 13N Nuclear & Missile Operations Office. As a current Reservist, I am a 21R Logistics & Readiness Officer at JB Andrews, MD. Shortly after transitioning into the Reserves, I received a 100% VA Disability Rating as a result of my active duty service with a current $3,620 monthly VA pension.
I may be a disabled Veteran, but I am still medically qualified to serve by my branch. I fully understand the Air Force retains the right to medically review and discharge me any time. I would not contest this decision. However—more often than not—throughout my career, I’ve encountered military doctors who denied, deflected, or downplayed any injuries in order to keep me in a ‘fit for duty’ status.
Regardless, under Title 10 §12316, I must either forgo military pay or VA Disability Pay for each day of paid, continued military service. On a typical Unit Training Assembly (a.k.a. drill) weekend, I am compensated for four pay periods by the military—meaning I must forfeit four days of VA Disability Pay ($120/day). As an O-3, I make about $950 every drill and must pay back $480 of non-taxable income to the VA. When I accept military orders during Monday through Fridays—annual tour, TDYs, deployments—then I must not only forfeit my VA Disability Pay, but also potential pay from my civilian job.
In FY22, I incurred $6,441.98 in disability payback debt to the VA. In FY23, I project I will owe the VA more than an additional $13,000. Within two years in the Reserves, I will have incurred over $19,000 in payback debt as a direct result of my continued service. To me, this is an absurd penalty to continue serving my country. Current federal employees who are also disabled Veterans are not subject to this same arrangement, nor are retired military members with at least a 50% VA Disability Rating. From my perspective, this is a distinctly Reserve Component phenomenon.
Conclusion
According to the VA’s own website, “VA disability compensation provides monthly benefits to Veterans in recognition of the effects of disability, diseases, or injuries incurred or aggravated during active military service” (“Types of Compensation,” U.S. Department of Veterans Affairs, accessed October 10, 2023). Many people have attempted to explain this law to me by calling it “double dibbing,” but it’s clear to me one is compensation in recognition for past injuries and one is earned income for continued service commensurate with one’s peers.
The true impact of Title 10 §12316 is that I am penalized for continuing to serve my country. This law requires me to choose between my Reserve military career and my VA Disability entitlements. This is a discrimination not on my ability to fulfill my military job duties, but rather on my very status as a “disabled Veteran,” entitled to compensation.
While I cannot rationalize paying my country for the privilege of service, I have several colleagues who can, and do. I am, of course, honored to serve with such dedicated Americans, but I still believe it is too great a sacrifice, if not downright unethical, to force them to forfeit these disability entitlements in exchange for their continued service.
During a period of military retention and recruiting challenges, I suspect Congress may be more amenable to repealing legislation which otherwise disincentives retention of Reserve members who are skilled and medically qualified, despite their disability.
For these reasons, I am petitioning ROA to advocate Congress to repeal §12316 of Title 10, provided this action does not inadvertently make it more difficult for disabled Veterans to continue to serve. I am happy to engage with ROA more deeply on this topic. Thank you very much for your time and consideration.
Sincerely,
Ashley Wiser, Capt, USAFR
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