Two bills recently introduced in the House of Representatives could have a major impact on veterans and their families.
Congresswoman Julia Brownley (D-CA) introduced both The Women Involuntary Separated Earnings Remittance (WISER) Act and The Loved Ones Internment Act.
According to Brownley, the WISER Act would rectify a wrong perpetuated against women service members from 1951 to 1976. Specifically, it would establish a process for upgrades to military records and discharges for those who were wrongfully and involuntarily separated due to parenthood and/or pregnancy, provide a one-time payment to eligible veterans, and expand Department of Veterans Affairs health care eligibility to these veterans.
“Despite their great sacrifice and commitment to defending our nation, women veterans have faced a long history of systemic inequities both in the military and within the VA,” Brownley said in a statement. “As the founder and former chair of the Women Veterans Task Force, my goal has been to identify disparities in access to care and benefits for women veterans, and where necessary, introduce, advocate for, and pass legislation that rectifies past injustices.
"The unfair practice of discharging women from the military because they became pregnant or became a mother was not only wrong, but it perpetuated a harmful cycle of gender prejudice.”
In June 1948, The Women's Armed Services Integration Act, which formally authorized the appointment and enlistment of women in the regular components of the armed forces, was enacted. Three years later, Executive Order 10240 changed everything for women with family obligations, Brownley said.
Specifically, from 1951 to 1976, many women service members were involuntarily separated from the military due to motherhood, living with a stepchild for more than 30 days per year, becoming pregnant, adopting a child, and/or gaining custody of a child. They were not afforded separation benefits and lost their ability to earn an income and to continue serving our country in uniform. In 1976, the United States Court of Appeals for the Second Circuit ruled that Executive Order 10240 was unconstitutional and the corresponding policy was rescinded. However, there was no action to make the affected women whole.
“My bill, the WISER Act, corrects this wrong, and it also provides recompense for this transgression and often overlooked attack on women service members,” Brownley said. “This bill is a critical step forward in not only rectifying the impact of this discriminatory practice and restoring fairness for these women veterans, but it brings true equity closer to the two million women who have served our nation in uniform.”
The legislation would establish a process for discharge upgrades for those who were wrongfully and involuntarily separated and provide a one-time payment to eligible veterans, as well as expand VA health care eligibility for these veterans. It is endorsed by Minority Veterans of America (MVA), Vietnam Veterans of America (VVA), and American Veterans (AMVETS).
Another piece of legislation recently introduced by Brownley seeks to ensure that veterans can be laid to rest alongside their loved ones in national or veterans cemeteries.
The Loved Ones Internment Act would amend current law that prevents veterans' cremated remains from being interred with loved ones, if the deceased veteran received a burial benefit such as an urn or commemorative plaque from the VA.
“Many families decide that an individual will be cremated, so at a later time that individual can be buried with their spouse or dependent,” she said. “If a veteran passes away and their family receives an urn or plaque from VA, VA’s current interpretation of the law prevents that veteran from being buried with their family member. This is heartbreaking and completely unacceptable.”
The legislation would allow the cremated remains of veterans to be interred with their spouse or child, regardless of whether they received an urn or plaque from VA.
The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, authorized VA to provide eligible veterans with an urn or commemorative plaque. According to the law, if the “Secretary [of the Department of Veterans Affairs] furnishes an urn [or commemorative plaque]…for an individual, the Secretary may not provide for such individual any burial benefit under section 2402 of this title.”
VA interprets this to mean that if a veteran received a burial benefit of an urn or commemorative plaque, the veteran cannot receive a secondary burial benefit of being interred with a spouse or dependent, Brownley said. The bill is endorsed by American Veterans and Iraq and Afghanistan Veterans of America.
Reach Julia LeDoux at Julia@connetingvets.com.
