Open letter to Russ Feingold

The Honorable Russ Feingold
United States Senate
506 Hart Senate Office Building
Washington, DC 20510-4904

Re: NDAA 2010 - Military Retired Pay Fairness Act of 2009

Dear Senator Feingold:

As apparently, the Military Retired Pay Fairness Act of 2009 (S 1008) has not been included in the 2010 National Defense Authorization Act, now soon to be brought to joint committee for resolution, I urge you strive to have this legislation included in the 2010 NDAA. This legislation would limit recoupment of separation pay, special separation benefits, and voluntary separation incentive from service members subsequently receiving retired or retainer pay.

If a service member accepted a separation benefit for early retirement but later reenlists and qualifies for military retirement pay, DOD is forced to recoup the separation benefit by deducting a portion of their retirement. The repayment formula is unfair and needs to recognize the current economic climate as well as the sacrifice our military is making to protect our freedom.

S 1008 would provide DoD flexibility to develop manageable monthly payment plans that do not impose undue financial hardships on service members. In addition, it would cap the amount that DoD is allowed to recoup at 25% of a veteran's retirement pay each month.

It is imperative during this time of war that we not punish our service members returning to protect our freedom by taking large portions of their retirement pay.

Further, please work with your colleagues to have this legislation included in the 2010 NDAA during the Joint Committee that will be appointed to resolve differences between the House and Senate versions.

Respectfully,

Don "Boots" Jensen
Sergeant USMC 1973-1979