High-Tempo Deployment Allowance. A few years ago, Congress passed a law that required the military to pay servicemembers $100 per day for any days they are deployed that exceed 400 days in any 740 day period. The problem is that the President or Secretary of Defense were given the authority to suspend high-tempo deployment pay in the interests of National Security. Immediately following 9/11, the President did suspend the payments, and not a dime has ever been paid out in "high-tempo deployment pay."
The FY 2004 Military Authorization Act changes the program. Under the new law, the amount of high-tempo deployment pay is set by the Secretary of each individual service. The amount paid cannot exceed $1,000 per month. The amount is payable anytime a member has been deployed for more than 191 continuous days, or anytime a member has been deployed for more than 430 days out of the previous 740 day period.
The act also allows the pay to an Reservist who has been called up twice to active duty (for longer than 30 days) for the same contingency operation, or if they have been called up under Title 10, for longer than 30 days, if they had a previous call-up (longer than 30 days) within the past year.
The catch is that each of the service secretaries, with the approval of the Secretary of Defense, can exclude specific deployments from payment. Because of that provision, it is unclear how many, if any, servicemembers will qualify for the pay. It is also unclear how much each service secretary will decide to pay each month. The act sets no minimums, just a maximum monthly payment of $1,000.
Phone Cards. Military personnel deployed in support of OPERATION IRAQI FREEDOM (Iraq) or OPERATION ENDURING FREEDOM (Afghanistan) will receive prepaid phone cards worth up to $40 a month or 120 calling minutes (whichever is cheaper). This provision expires on 30 September 2004.
Danger Pay for Reservists. Members of the Guard and Reserves who perform inactive duty training in locations where active duty members receive combat pay will also receive the pay. Under previous law, they were not eligible for combat pay until after 30 days of service. This change is retroactive to 11 September 2001.
Carrying Over Leave. Section 542 of the FY 2004 Military Authorization Act allows each service secretary to amend the leave regulations of their service to allow carrying over 120 days of unused leave, at the end of the fiscal year, if the servicemember has served at least 120 continuous days in a designated combat zone. The act does not require this, and each of the services are free to determine whether they wish to include this provision in their leave regulations, or not.
Dependent Abuse. Sections 571, 572 and 573 of the act increases protection for abused dependents. Under previous law, a dependent was entitled to transitional compensation payments if the military member was discharged or sentenced to military imprisonment due to charges related to dependent abuse. Under the new law, such compensation may be granted to dependents if the member was discharged or imprisoned for a different offense, as long as the secretary of the service determines that dependent abuse did occur.
Additionally, the act allows the military to relocate (at government expense) dependents which are considered to be in danger of abuse from the military sponsor.
Concurrent Receipt. Section 1414 of the bill authorizes a phased-in concurrent receipt program for military retirees. The current law requires that retired pay be reduced by the amount of any VA disability payment. Last year, the fiscal 2003 authorization act instituted a program allowing retirees who were awarded the Purple Heart and have disabilities rated at 60 percent or higher to keep both retirement pay and disability compensation.
Effective Jan. 1, 2004, all 20-year retirees with a Purple Heart or a combat- related disability will be eligible for concurrent receipt. The bill authorizes a phased-in full concurrent receipt program over the next 10 years for retirees who are most severely disabled (50 percent or more). See Concurrent Receipt Phase Out Details for more information.
Increase in Death Gratuity. Section 646 of the act increases the death gratuity for those who die on active duty from $6,000 to $12,000. A previous act (The Military Family Tax Relief Act of 2003), also includes the provision to increase the death gratuity, and makes the entire amount tax-exempt.
Environmental Protection. Other important parts of the act deal with environmental regulations. DoD asked for relief from some aspects of the Marine Mammal Protections Act and the Endangered Species Act. The bill allows DoD greater latitude and will give soldiers, sailors, airmen and Marines the ability to participate in realistic training.
