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March 8, 2011
In this Issue
At the National Guard Memorial
NGAUS Board to Discuss Legislation, Budget
Maj. Gen. Frank Vavala, the NGAUS chairman, will convene the first NGAUS board of directors meeting of the year this weekend at the National Guard Memorial, the association headquarters in Washington, D.C.
 
The weekend-long meeting agenda includes discussion of the current legislative session and the president’s fiscal 2012 defense budget request, and an update from senior National Guard Bureau officers.
 
Membership, marketing and plans for the 133rd NGAUS General Conference and Exhibition, scheduled for Aug. 27 to 29 in Milwaukee, also will be on the schedule.

Also, the National Guard Educational Foundation will welcome several new members to the Legion de Lafayette. A reception will be held at 5 p.m. Saturday at the National Guard Memorial.
 
Events begin Friday with the meetings of the company-grade officer, officer professional development and warrant office committees.
 
The 29-member board is the association’s governing body. Its members are elected by delegates to the annual conference and serve staggered two- and three-year terms.
 
The NGAUS-Insurance Trust and the National Guard Educational Foundation boards also meet Friday and will report to the association board over the weekend.
 
On Capitol Hill
Try, Try Again: Bill Better Defines Veteran
Sen. Mark Pryor, D-Ark., is taking another shot at better defining who can legally call themselves a veteran. An attempt at this during the previous Congress died when one senator blocked action.
 
Pryor introduced a bill Friday that has the full support of NGAUS.
 
Current law requires someone to have served a certain period on federal status to qualify for full standing as a veteran. Someone who served 20 years in the National Guard or Reserve without that qualifying period is a military retiree, but not a veteran.
 
Pryor’s bill, S. 491, has been referred to the Committee on Veterans Affairs.
 
Although it will not add any benefits and, therefore, has no cost to the government, the bill would allow someone who serves honorably for 20 years in the Guard or Reserve the simple privilege of legally being a veteran.
 
Technically, a person who is not a legal veteran is not supposed to wear medals on Veterans Day, for example, or salute the playing of the national anthem, although this happens frequently, of course.
 
Senate Guard Caucus Leaders Pledge Support
The National Guard is a treasure that brings irreplaceable skills to domestic support, to civil authorities and to the overseas war fight, Sen. Lindsey Graham, R-S.C., told fellow senators and senior Guard leaders last week in Washington, D.C.
 
"A Guard unit can do more in Afghanistan and Iraq than almost anyone, because every problem has to be fixed in Iraq and Afghanistan," he said. "You're a [Guard member] by day, a plumber by night . . . and the skills you bring to the fight are irreplaceable."
 
Graham, along with Sen. Patrick Leahy, D-Vt., his fellow co-chair of the Senate National Guard Caucus, commented on the relationship they have with the Guard and their plans to showcase the Guard's talents and necessity to fellow members of Congress.
 
"The Guard caucus in the Senate is more important than it ever has been," Leahy said. "The Guard seems like a tailor-made solution for those who want to just cut the budget and for those looking to increase military capabilities, while the [members of the Guard] can accomplish both of these together."
 
Graham said he realizes the necessity for budget cuts and drawbacks.
 
"The budget is going to be reduced because we are deep, deep, deep in debt," he said. "We're going to have to start making some decisions that are long overdue. You have our pledge that we will protect this budget the best that we can."
 
"The National Guard does every mission there is," Leahy said. "Now those of us in Congress will make sure you have what you need to do it."
 
Supreme Court Ruling Boosts Employee Rights
The U.S. Supreme Court ruled last week in favor of an Army reservist who had claimed a hospital in Peoria, Ill., unfairly fired him because his military duty disrupted his work schedule.
 
Vincent Staub, a first sergeant in the Reserve and an angiography technician at Proctor Hospital, claimed he was fired in 2004 after 15 years on the job because his supervisor was unhappy with Staub’s military responsibilities, which included time spent in Iraq in 2003 as part of the 801st Combat Support Hospital.
 
Staub used the Uniformed Services Employment and Reemployment Rights Act to buttress his case. The USERRA prohibits an employer from using a person’s Guard or Reserve status as a basis for termination or disciplinary action. Staub also claimed his supervisor had assigned him extra duties as punishment for missing work while on active duty.
 
At a federal trial in 2008, a jury found in his favor and awarded Staub $57,640 in back pay.
 
The hospital argued that while his immediate supervisor may have been biased against his military service, his firing was handled by another official who, the hospital claimed, based the decision on Staub’s attitude and work performance.
 
The 7th Circuit Court of Appeals in Chicago bought the hospital’s argument, sending the case to the Supreme Court.
 
At the Pentagon
Survey Seeks Input from Guard Employers
The Defense Department is surveying 80,000 employers of National Guard and Reserve members to learn the benefits and challenges of having reserve component service members on a payroll.
 
The surveys were sent last week to employers of every size and industry all across the country. They were selected randomly and will receive a letter telling them how to complete the survey online. They are asked to complete the survey within eight weeks.
 
Adm. Mike Mullen, the chairman of the Joint Chiefs of Staff, is encouraging employers to take part in the survey and calling them “critical partners in our national defense.”
 
“Your feedback will allow us to build on the success of the past and chart a mutually beneficial course for the future,” he said.
 
Dennis McCarthy, the assistant secretary of defense for reserve affairs, said, “Our goal for this survey is to identify best practices in support of employers of Guard and Reserve members and evaluate the effectiveness of Department of Defense programs.”
 
The Defense Department National Survey of Employers is the largest study of its kind since the U.S. entered sustained military operations nearly 10 years ago. Employer Support of the Guard and Reserve, a Defense Department agency, is administering the survey.
 
Panel Finding: Allow Women in Combat Units
A commission established to study diversity among military leaders is recommending that the Defense Department rescind its policy that prevents women from being assigned to ground combat units below the brigade level.
 
In a report issued Monday, the Military Leadership Diversity Commission recommends that the department and the services eliminate combat exclusion policies for women, as well as other “barriers and inconsistencies, to create a level playing field for all qualified service members.”
 
Retired Air Force Gen. Lester L. Lyles, who chaired the commission, said the recommendation, one of 20 in the report and the only one specific to women, is one way the congressionally mandated body suggests the military can get more qualified women into its senior leadership ranks.
 
“We know that [the exclusion] hinders women from promotion,” Lyles said. “We want to take away all the hindrances and cultural biases” in promotions.
 
The commission was established as part of the 2009 National Defense Authorization Act to evaluate and assess policies that provide opportunities for promotion and advancement of women and racial and ethnic minorities in the armed forces.
 
The 1994 combat exclusion policy, as written, precludes women from being “assigned” to ground combat units, but women have for years served in ground combat situations by serving in units deemed “attached” to ground units, Lyles said.
 
That distinction keeps them from being recognized for their ground combat experience, recognition that would enhance their chances for promotion, Lyles said.
 
TRICARE Contract to Humana Subject of Protest
The health insurance provider that lost out on a contract from TRICARE Management Inc. is protesting the award, according to Reuters.
 
UnitedHealth Group Inc. lost the contract to Humana Military Healthcare Services last month when a previous protest by Humana was upheld. UnitedHealth filed a formal protest Monday, according to the news service.
 
The contract is to provide health insurance for 3 million active and retired military members and their families in the TRICARE South Region. The protest triggers a stay in the contract.
 
UnitedHealth claims Humana’s contract would pay doctors and hospitals at rates so low that doctors would leave the military health care network.
 
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Military members who were involuntarily extended under “stop-loss” now have until March 18 to file for money they are owed. The new deadline is due to the extension of the current continuing resolution signed last week by President Barack Obama.
 
Sen. Chris Coons, D-Del., has signed on to co-sponsor the Guardians of Freedom Act of 2011, which would give the National Guard Bureau chief a seat on Joint Chiefs of Staff.

EADS North America, which lost to Boeing in the attempt to win the contract to build 179 aerial refueling tankers for the Air Force, said last week it will not protest the award. This brings to a close a 10-year effort to find a builder for an airplane to replace the KC-135.
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WRITE TO CONGRESS
Total for 2011: 3,123
  
Top 5 States:

1. Ohio - 445
2. Georgia - 434
3. Tennessee - 271
4. Texas - 196
5. Mississippi - 161
 
Visit us online to see all state totals and to make your voice heard through the Write to Congress tool.
CALENDAR
Today
Pennsylvania State Visit
National Guard Memorial
Washington, D.C.

Today & Tomorrow
Arkansas State Visit
National Guard Memorial
Washington, D.C.

Friday-Sunday
NGAUS Board Meeting
National Guard Memorial
Washington, D.C.

March 16
North Dakota State Visit
National Guard Memorial
Washington, D.C.
ASSOCIATION HISTORY
In 1961, there was much talk about the Guard’s federal responsibilities and how they relate to the state mission. The job of adjusting one mission to the needs of the other will never be easy, warned Maj. Gen. William H. Harrison Jr., the NGAUS president, because of continuing federal encroachment “in areas which once were almost wholly the responsibility and concern” of the states and the adjutants general.
 
“We must resist this encroachment where, in all honesty, the responsibilities belong rightly to the states,” declared Harrison. “But we must adjust and in many instances accept … greater supervision and control by the Department of Defense over the reserve components.”
THIS WEEK IN GUARD HISTORY
March 11, 1945: Seilsdorf, Germany — "Grover's Ghosts," a combat patrol from Georgia’s 121st Infantry, 8th Infantry Division, capture this town following a remarkable firefight. During the engagement, many of the men run out of ammunition, so they started picking up abandoned enemy arms and continue to quickly secure the town. Georgia's 121st Infantry had been mobilized as one of four infantry regiments assigned to the Guard's 30th Infantry Division in 1940.


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