What S. 4744 Did to Your Bill — Three Changes Beyond the Offset, Cited to Page and Line
Dear Senator Blumenthal,
I will state two things plainly at the outset. First, I am not your constituent — I am an Ohio voter, and candidly, you and I would likely disagree about most of what crosses the Senate floor. Second, on the Major Richard Star Act, you have been right for six years, you have been blocked six times for being right, and the 54,000 of us living under the offset know exactly who kept standing up. I am a 23-year Army Reserve combat medic, Iraq veteran, Chapter 61 retiree rated 100 percent for combat-related conditions, and a high school Anatomy and Physics teacher. You introduced the bill that governs my retirement, so I am writing to its author — across the aisle, where this bill has always lived anyway.
You have already identified, publicly and correctly, that S. 4744 finances this correction by cutting up to $57 billion in future disability compensation from as many as 1.5 million veterans with tinnitus and sleep apnea, and that any offset belongs on the Department of Defense's ledger, not on other disabled veterans. I am writing to arm you with what I believe your office may not yet have flagged: Section 108 is not the only problem. Section 101 quietly rewrote the BENEFIT itself, and three of the changes from your S. 1032 gut it for career Guard and Reserve veterans — including, applied faithfully, for Major Richard Star.
CHANGE ONE: YOUR UNIVERSAL RULE BECAME A TWO-CLASS SYSTEM WITH A RESERVE TRAPDOOR
Your S. 1032, Section 2(b), rewrote 10 U.S.C. § 1414(b) in one clean sentence: a Chapter 61 retiree with a combat-related disability "is entitled to be paid both... without regard to sections 5304 and 5305 of title 38" (S. 1032, page 3, lines 7–15). Full Chapter 61 retired pay. Every covered veteran. No classes.
S. 4744, Section 101(a), replaces that with two subparagraphs. Proposed § 1414(b)(2)(B), CAREER RETIREES (bill page 7, lines 6–24), captures any member with 20 or more years creditable under 10 U.S.C. § 1405 — OR at least 20 years of Reserve qualifying service computed under 10 U.S.C. § 12732 (page 7, lines 11–14). Clause (B)(i) (page 7, lines 17–22) then restores only what the member "would have been entitled to under any other provision of law" — for a Reservist, the points-based non-regular calculation under 10 U.S.C. § 12731, which § 12731 does not even make payable before age 60.
That points-based figure is the identical amount at which CRSC is already capped under 10 U.S.C. § 1413a(b)(3). Career Reserve Chapter 61 retirees already receive it. For us, subparagraph (B) restores zero new dollars. Your bill paid me roughly $2,900 a month in restored retirement. The rewrite pays me nothing.
Apply it to the bill's namesake. Richard Star: career Army Reservist, 32 years, nine combat deployments, medically retired at 19 and one-half years of active time — the family's own figures. Under 20 years per § 1405, far over 20 per § 12732. The "or" at page 7, lines 13–14, routes him into subparagraph (B). The Major Richard Star Act, as rewritten, would have paid Major Richard Star approximately nothing. Your original text paid him in full.
CHANGE TWO: EVEN THE VETERANS WHO STILL BENEFIT TOOK A CAP
For shorter-service retirees, proposed § 1414(b)(2)(C) (page 8, line 1 through page 9, line 5) replaces your full-pay rule with "the lesser of" (page 8, lines 10–11) actual Chapter 61 pay or a hypothetical 20-year retirement. The most catastrophically wounded — those whose disability percentages exceed the 20-year multiplier — take the largest reductions relative to your text. And because subparagraph (C) is also drafted disjunctively (page 8, lines 5–8), a Reservist with under 20 active-equivalent years but over 20 qualifying years satisfies BOTH (B) and (C) simultaneously, with no priority rule anywhere in the bill. You have cross-examined enough witnesses to know what happens when a pay agency is handed that ambiguity.
CHANGE THREE: YOUR IMMEDIATE EFFECTIVE DATE BECAME A WAITING ROOM
S. 1032 takes effect the first month after enactment (page 4, lines 18–22). S. 4744, Section 101(c) (page 10, lines 21–24), delays all payments to January 1, 2027. Roughly 100 to 125 eligible veterans die each month — the same arithmetic that ran out the clock on Richard Star and on Tonya. Every month of that delay is scored as savings. You cited Corporal Pat Murray of Rhode Island on the floor — the Marine who cannot lift his newborn son without help. The rewrite makes him wait for New Year's, and makes thousands of Reservists like me wait for nothing at all.
WHAT I AM ASKING
As Ranking Member, you will have markup, floor, and conference opportunities on this package. I am asking you to demand, alongside your existing fight against Section 108: (1) restoration of your original operative language — the text 79 senators and 334 House members already cosponsored — or at absolute minimum, striking the § 12732 prong at page 7, lines 13–14, conforming subparagraph (C), and clarifying clause (B)(i) so no Reserve retiree's restoration is deferred to age 60; and (2) restoration of your immediate effective date. I have sent parallel letters, with identical citations, to both of my Republican senators and to Chairman Moran. The fix should not be partisan; the defect certainly is not — it falls on red-state and blue-state Guardsmen alike.
Senator, I told my readers — and I have a fair number of them — that on this bill you have earned the roses, and I do not hand them across the aisle casually. Richard Star testified on oxygen for veterans he would never meet. You kept his name on the floor after he could not be there, and after Tonya could not either. Finish it properly: make sure the bill that finally passes is one its own namesake could have cashed.
My complete worksheet — every figure, cited to chapter, section, subparagraph, page, and line — is available to your staff at any hour.
Respectfully, and with genuine gratitude for six years of stubbornness,
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