Research - Rehabilitation - Re-Employment

Sgt. Shaft 10/18/99

Dear Sgt. Shaft:
I am a Gold Star wife, receiving Dependency and Indemnity Compensation (DIC) because by husband was killed in Vietnam during his second tour, in 1965. On April 1, 1965, while in Vietnam, my husband was promoted from 1st Lieutenant to Captain, effective April 30. He was killed on April 23, 1965. All these years I have been wondering why I am collecting DIC at the rate paid to a widow of a 1st Lieutenant, rather than at the Captain's rate. It's not my husband's fault that he was killed for the "effective date," whatever that means. Do you know why I receive DIC at the lower rate?

Shirley I.
Phenix City, AL

Dear Shirley:
Unfortunately, benefits are based on the highest grade held -- a person "frocked" continues to serve and be paid in the grade of last promotion. Frocking is not a promotion although the person frocked is normally selected for promotion but does not have a promotion effective date for the new grade.

Additionally, DOD Financial Management Regulation 7000.14-R, Volume B, Section 10144 states:

"Unless entitled to a higher grade under some other provision of law, Regular and Reserve members who retire other than for disability, retire in the Regular or Reserve grade they hold on the date of retirement."

Since frocked people do not get active duty pay for the grade they are frocked in, their retired pay can only be computed on the active duty for the grade they were being paid.

Additionally, the discharge certificate only records promoted grades. Hence the DD Form 214 would reflect the lower grade and be the source document for the VA.

Your situation, Shirley, cries out for the DOD and Congress to review instances like yours. Your husband should not be "frocked" more than once.

Shaft Kudos

Fellow Marines will soon be gathering to celebrate our Marine Corps birthday on November 10. As I've mentioned before, preceding this year's auspicious birth date, Commandant James L. Jones will be addressing the Nation via C-SPAN at an October 29 luncheon at the National Press Club. Join the Sarge and other members of the press in giving General Jones a hearty "Glory to the Corps." You may do this by contacting Pat Nelson of the National Press Club at 202-662-7539. One of the most requested reprints of the Sarge's columns is the following Marine invocation, which has anonymously evolved throughout the years. So bow your heads while standing tall and share this with your fellow Marines:

O Lord, we have long known that prayer should include confession. Therefore, on behalf of the Marines and their guests here gathered, I confess their sins: Lord, they're just not in step with today's society. They are unreasonable in clinging to old-fashioned ideas like patriotism, duty, honor, and country. They hold radical ideas like believing that they are their brother's keeper and responsible for the Marine on their flank. They have been standing when colors pass, singing the National Anthem at ball games, and drinking toasts to fallen comrades. Not only that, they have been observed standing tall, taking charge, and wearing their hair unfashionably short. They have taken John Kennedy's words too seriously and are overly concerned with what they can do for their country instead of what this country can do for them.

They take the Pledge of Allegiance to heart and believe that the oath is to be honored. Forgive them, Lord, for being stubborn men and women who hold fast to such old-fashioned values. After all, what can you expect? They're Marines!

O Lord our God, bless our misguided ideals, continue to raise up in this nation strong leaders and deliver us from "me first" managers and "don't ask me" followers.

Be our honored guest this day. Let it be a day of laughter, good food, good drink, and the telling of tall tales and legends that far exceed the truth.

Watch over and keep safe those who wear this nation's uniform with special attention to their families everywhere.

Now through this day and all the days ahead, God bless this great Nation and God bless the Corps.

The Sarge applauds The Retired Enlisted Association on its fund-raising campaign for the World War II memorial. This congressionally chartered veterans service organization will focus its campaign on urging its 105,000 members and auxiliary to donate $1 each to this national memorial, to be built on the Mall in Washington, D.C. Others wishing to make contributions to this worthwhile cause may send donations to The Retired Enlisted Association National Headquarters, 1111 S. Abilene Court, Aurora, CO 80012.

Shaft Shot

The Sarge joins other veterans in voicing their strong disappointment in Sen. Jesse Helms (R-NC). Senate Foreign Affairs Chairman Helms, usually a strong veterans advocate, has consistently opposed efforts to ensure that veterans have first access (or any access at all) to the nearly $1.5 billion in seized Iraqi assets sitting in American banks since the Gulf War. At a recent news conference, veterans advocates including Rep. Lloyd Doggett (D-TX) demanded that the Senate Foreign Claims Settlement Commission hear the claims of Gulf War veterans first regarding use of this large sum of money. Many Gulf War veterans are suffering from undiagnosed illnesses since returning home from the war. Also among those with claims are large tobacco companies and those who sold the very products which Saddam Hussein used to fuel his war machine. Rep. Doggett successfully attached an amendment to the Embassy Security Act which authorizes the adjudication of claims against the seized Iraqi money. Veterans support this amendment, which passed in the House 427-0, and urge conferees to retain the House amendment in the final legislation.

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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