Leave Carry-over. Under previous law, at the beginning of each Fiscal Year (October 1 of each year), members would lose any accumulated leave (vacation) days they had saved in excess of 60 days, except in extenuating circumstances approved by the service secretary. Section 551 of the new bill temporarily increases the number of days a member may accrue without loss up to 75 days beginning on October 1, 2008, through December 31, 2010.
Concurrent Receipt.Since the enactment of Concurrent Receipt legislation in FY2003, the Combat- Related Special Compensation (CRSC) benefit has been available to all military retirees with 20 or more years of active duty and who met other eligibility criteria. Excluded from eligibility have been reservists and those who were medically retired under Chapter 61 of Title 10 prior to completing 20 years of service. Section 641 of the act expands CRSC eligibility to include all service members eligible for retired pay, to include those retired under Chapter 61 and almost all reserve retirees. It excludes reservists who retire under a special provision (10 USC 12731b), which allows reservists with a physical disability not incurred in the line of duty to retire with between 15 and 19 creditable years of reserve service.
Increase in Tricare Fees. In early 2006, DOD proposed increases in Tricare Prime enrollment fees for retired personnel under age 65, but Congress blocked any such fee increases when they passed last years act which prohibited increases in premiums, deductibles, co-payments, and other charges between April 1, 2006, and September 30, 2007. Section 701 of the act extends to Sept. 30, 2008 the prohibition in the FY2007 Authorization Act on DOD increasing premiums and co-pays for Tricare Prime, and inpatient care charges for Tricare Standard.
Tricare Pharmacy Fees. Currently dependents of active-duty service members and retired service members and their dependents (up to age 65) must make co-payments of $3 for generic pharmaceuticals, $9 for formulary drugs and $22 for non-formulary drugs obtained through the Tricare retail pharmacy program. The Administration has proposed increasing co-payments for generic pharmaceuticals and formulary drugs to $5 and $15, respectively, along with $22 continuing to be required for non formulary drugs. Section 702 of the of the act freezes current co-payment levels through the end of FY2008.
Other Significant Provisions
Protection of Child Custody Arrangements for Deployed Members. Section 584 of the bill amends the Servicemembers Civil Relief Act to specifically include child custody proceedings under the protections granted by the SCRA.
No Street Gangs. Section 544 of the act requires the Secretary of Defense to revise section 3.5.8 of Department of Defense Directive 1325.6 to include membership in a criminal street gang among the list of prohibited activities by members of the Armed Forces. This makes it a criminal offense, punishable under the UCMJ for any military member to be a member of a criminal street gang.
Increase in Number of Top Enlisted. Section 406 of the bill increases the maximum percentage of enlisted members in the paygrade of E-9 from 1 percent of the enlisted force to 1.25 percent.
Army/Marine Corps Size Increase. On January 19, 2007, DOD announced that it would seek approval to increase permanent active Army end strength by 65,000 to 547,400 and permanent active Marine Corps end strength by 27,000 to 202,000, both by Fiscal Year 2012. Section 401 of act authorize the active duty Army to increase in size to 525,400 during FY 2008, and the active duty Marine Corps to increase in size to 189,000 during the year.
Active Duty End Strength. Section 401 sets authorized strengths for active duty personnel as of September 30, 2008, as follows:
(1) The Army, 525,400 (both House and Senate versions). Last year's authorization: 512,400.
(2) The Navy, 328,400 (Senate) and 329,098 (House). Last year's authorization: 352,700.
(3) The Marine Corps, 189,000 (both House and Senate versions). Last year's authorization: 179,000.
(4) The Air Force, 328,600 (Senate) and 329,651 (House). Last year's authorization: 357,400.
Change in Minimum Authorized Active Duty Size. Section 402 of the bill changes the minimum size that the branches are required to have on active duty by the end of the Fiscal Year:
(1) For the Army, 525,400 (changed from 502,400)
(2) For the Navy, 328,400 (changed from 352,700)
(3) For the Marine Corps, 189,000 (changed from 179,000)
(4) For the Air Force, 328,600 (changed from 357,400)
End Strength for Selected Reserve. Sections 411 of the act sets the maximum size of the Selected Reserves:
(1) The Army National Guard, 351,300. (Changed from 350,000)
(2) The Army Reserve, 205,000. (Changed from 200,000)
(3) The Navy Reserve, 67,800. (Changed from 71,300 )
(4) The Marine Corps Reserve, 39,600. (Changed from 39,600)
(5) The Air National Guard, 106,700. (Changed from 107,000)
(6) The Air Force Reserve, 67,500. (Changed from 74,900)
(7) The Coast Guard Reserve, 10,000. (No change)
What Didn't Make It
Some provisions of the original House and Senate versions of the bill did not make it into the final law. Here are the major provisions that didn't "make the cut:"
