Halting the Disgraceful Clawback of Enlistment Bonuses to California National Guard Members

There are few values more sacred, more fundamental to our nation, than making sure that the men and women who serve our country in uniform, and their families, are treated with honor and respect. So it was deeply distressing to learn last week that up to 10,000 current and former members of the California National Guard are being forced to repay bonuses and other benefits they were promised when they enlisted or reenlisted.

In some cases, these soldiers and veterans are facing tax liens or wage garnishments for thousands of dollars, plus interest, for payments they received up to 10 years earlier.

Simply put, the men and women who serve our nation in the National Guard and the Armed Forces deserve better. And all the more so for those who enlisted or reenlisted in the midst of two major military operations in Afghanistan and Iraq that stretched our military forces and soldiers to their breaking point. The reward for their bravery and service should be our eternal gratitude and assistance, not a bill or tax lien.

We must start by making sure they aren’t suddenly hit with massive debts through no fault of their own.

While we’re still trying to get a full picture of the number of soldiers affected across the country – not just California – it’s been known for some time that there were issues with improper bonus payments and other benefits in the California National Guard. The problem was severe enough in California that a 2010 Inspector General’s investigation found $100 million in excessive payments, and identified issues that ultimately resulted in one master sergeant pleading guilty for authorizing $15 million in fraudulent payments and serving jail time.

It is evident that there were severe failures in financial controls and oversight that allowed overpayments of this magnitude to occur. However, it should not fall to men and women who joined the National Guard to serve their country to shoulder the burden of others’ mistakes. These overpayments occurred during a period when getting and keeping soldiers in uniform was a challenge, as many faced the prospect of multiple overseas deployments.

This week, I wrote to the California National Guard and the Pentagon to ask that they immediately halt debt collection efforts while we pursue a legislative remedy to solve this problem for California National Guard members and others who received bonuses or benefits in good faith. This is an issue that can and will be fixed, because it’s fundamentally unfair to punish our troops for the failures of others in management and financial oversight, and particularly so many years later.

What message does that send to them, not to mention other Americans who might be considering service to this nation?

Few issues unite members of Congress on both sides of the aisle more than caring for our troops, and I’m confident that we’ll be able to summon the necessary will to waive these debts. The issue is reminiscent to me of another fight we faced in 2005 when it was revealed that soldiers recuperating and rehabilitating from injuries in Iraq and Afghanistan at Walter Reed Hospital were being charged hundreds of dollars a month for food at the hospital. There was broad, bipartisan outrage at this revelation, and Congress moved quickly to ensure that soldiers trying to rebuild their lives and bodies after devastating injuries could focus on getting better, not on paying their bills.

That same spirit must move Congress to act quickly in this case.

I expect that multiple legislative approaches will be put forward, but one approach that I am pursuing would make sure that these debts are forgiven and any repayments made are refunded with interest. In the meantime, we must immediately halt debt collection activities so that members of the National Guard and families can sleep easier, knowing we will honor our commitments to them, just as they honored their commitment to us.

Rep. Adam Schiff represents California’s 28th Congressional District in the U.S. House of Representatives.