Department Service Office Business Hours: The Department Service Office will be open each Monday through Friday from 8:00 AM until 4:00 PM. Appointments are not necessary for visits. You may contact the Department Service Office by calling (603) 222-5784, faxing (603) 222-5787; or by using the following e-mail address: Gary.Wayman@VBA.VA.GOV.

Information about Records Destroyed in the 1973 National Personnel Records Fire: A fire at the NPRC in St. Louis on July 12, 1973, destroyed about 80 percent of the records for Army personnel discharged between November 1, 1912 and January 1, 1960. About 75 percent of the records for Air Force personnel with surnames from “Hubbard” through “Z” discharged between September 25, 1947 and January 1, 1964 were also destroyed. It is hard to determine exactly what was lost in the fire because there were no indices to the blocks of records involved. The records were merely filed in alphabetical order for the following groups:

World War I: Army - September 7, 1939 to November 1, 1912;

World War II: Army – December 31, 1946 to September 8, 1939;

Post World War II: Army – December 31, 1959 to January 1, 1947;

Air Force – December 31, 1963 to September 25, 1947;

Millions of records, especially medical records had been withdrawn from all three groups and loaned to the Department of Veterans Affairs (VA) prior to the fire. The fact that one’s records are not in NPRC files at a particular time does not mean the records were destroyed in the fire.

Reconstruction of Lost Records:

If a veteran is advised that his or her records may have been lost in the fire, he or she may send photocopies of any documents they possess to the NPRC, particularly separation documents. The address is National Personnel Records Center, Military Personnel Records, 9700 Page Blvd., St. Louis, MO 63132-5100. This enables the NPRC to re-establish files by adding those documents to the computerized index and filing them permanently.

In the event a veteran does not have any records in his or her possession, the essential military service data may be available from a number of alternate sources. The Department of Veterans Affairs (VA) maintains records on veterans whose military records were affected by the fire if the veteran or a beneficiary filed a claim prior to July 1973. Service information may also be found in various kinds of “organizational” records such as unit morning reports, payrolls and military orders on file at the NPRC or other National Archives and Records Administration facilities.

There also is a great deal of information available in records of the State Adjutants General, and other state “veterans services” offices. By using alternate sources, NPRC may often be able to reconstruct a veteran’s beginning and ending dates of active service, the character of service, rank while in service, time lost while on active duty, and periods of hospitalization.

NPRC is usually able to issue NA Form 13038, “Certification of Military Service,” considered the equivalent of a Form DD-214, “Report of Separation from Active Duty,” for the purpose of establishing eligibility for veterans’ benefits.

Necessary Information for File Reconstruction:

The key to reconstructing military data is to give the NPRC enough specific information so the staff can properly search the various sources. The following information is normally required:

1. Full name used during military service

2. Branch of service

3. Approximate dates of service

4. Service number

5. Place of entry into service

6. Last unit of assignment, and

7. Place of discharge

Possible Increased Non-Service Connected Pension Benefits Available for Wartime Era Veterans Age 65 or Over Having a Disability Rated at Least 60% Disabling: The Court of Appeals for Veterans Claims in Hartness v. Nicholson 20 Vet.App 216 (2006) held that VA must award a wartime era veteran a special monthly pension at the 100% + 60% rate (also known as housebound rate) if, in addition to being at least 65 years old, the veteran possesses a minimum disability rating of 60%, or is considered permanently housebound as defined under the controlling statute.

This means that veterans age 65 or over now in receipt of a non-service connected pension and who have either service connected or non-service connected disabilities rated at least 60% disabling should file a new claim. That claim should ask VA to consider granting an increased Special Monthly Pension Benefit by properly applying of 38 USC Sections 1513(a), 1513(e), and 1521 as directed by Hartness v. Nicholson 20 Vet.App. 216 (2006). New non-service pension applicants be rated at least 60% disabling should also ask for this Special Monthly Pension Benefit.

The difference between these two pension programs is $2,257 a year. Those veterans who qualify should file as soon as possible before VA has a chance to persuade Congress to change the law. It is also likely that this new court ruling will only stand if VA decides either not to appeal to the Supreme Court, or if a VA appeal to the Supreme Court fails.

DEBT MANAGEMENT GUIDE PROTECT YOUR CREDIT RATING:

There have been many recent changes by the federal government involving the collection of debts, including the offset of VA benefits, IRS refunds and the use of Credit Reporting Agencies. If a VA or IRS collection agency becomes involved, your credit rating will remain affected for 7 years, even if the debt is paid in full or written off.

If you are contacted by the Department of Veterans Affairs and notified of a debt, go to your American Legion Service Officer and discuss the debt with them. They can and will help you resolve this problem before more drastic actions can begin. A directory of American Legion service officers is located in the back of this booklet. Use it!

Always remember, The American Legion is there for you. Debts to the Department of Veterans Affairs are created in many ways, including:

· *Changes in Income or Net Worth

· *Estates in Excess of $80,000

· *Veterans Receiving Retired Pay

· *Failure to File an Eligibility Verification Report

· *Non report of changes in dependent status

· *Reduction or Termination of School Attendance

· *Failure to Obtain Release of Home Loan Liability

· *Hospitalization/outpatient treatment co-payments

Whenever a debt is created, it is in your best interest to work with your American Legion service officer and the VA in resolving the issue.

If you do nothing then a number of things can occur including:

Offset of VA Benefits Until the Debt is Paid Reporting of Unpaid Debt to Credit Reporting Agencies Nationwide (this referral will remain on your credit file for 7 years even if paid in full or written off)

Referral to the Treasury Department Offset Program (PL104-34) resulting in offsets to government related benefits including: IRS, Social Security, OPM Annuitants, and Federal Salaries.

The Debt Management Center (DMC) was created in July, 1991. When a change in benefit entitlement occurs and an overpayment or debt is established, a letter will be sent to you explaining the reason for the overpayment and advising you that you will be contacted by the DMC.

The DMC will send 3 “demand” letters. The first will advise you of the debt and provides due process rights. This letter will also explain the DMC’s desire to work with you to establish a payment plan or discuss other payment options. You will be advised that if you are drawing VA benefits, service connected or non-service connected, these benefits will be automatically offset unless the DMC hears from you.

You are also given 30 days to dispute the debt or request a waiver.

The DMC toll free number is 1 800-827-0648. However, we strongly recommend that you contact your local American Legion service officer for assistance.

If there is no response to the first letter, a second letter will be sent 30 days later. This letter will also discuss payment options and will advise you that your unpaid debt will be reported to credit reporting agencies if not settled.

If the second letter does not elicit a response, a third letter will be generated 30 days later advising you that your account will be referred to credit reporting agencies nationwide in 60 days if the debt remains unpaid.

At this point in the collection process, you may be subject to a telephone or letter campaign by DMC. You will also be informed that in 60 days your account could be referred to the Treasury Department in accordance with PL 104-134 for offset of any government related benefits.

If your debt is referred to the Treasury Department’s Offset Program (TOP), then you will be charged an additional processing fee for each offset, which will be added to your indebtedness.

VA is required to refer to Treasury any account not in a repayment plan. The account must be 180 days old and there have been no payments received or VA has not received a payment within the last 60 days. Depending on the dollar amount of the debt, you may also be warned of possible referral to VA District Counsel or the Department of Justice for litigation.

On October 17, 1980, VA was mandated to charge interest and administrative costs on delinquent debts. A debt is considered delinquent if it remains unpaid over 30 days from DMC’s first collection letter. Loan guaranty debts have been charging interest at 4% and debts continue to accrue interest at that rate. Compensation and pension do not accrue interest or administrative costs. Education debts accrue both costs. Administration costs are set annually by the Secretary of Veterans Affairs. Interest is based on the Treasury borrowing rate for that year. A debt established within a specific year will carry the interest rate from that year until paid in full. However, an interest rate change could occur as a result of a judgment obtained through litigation. Interest rates for education debts have been as high as 15.05% and as low as 3%. The current rate is 6%.

Administrative costs are assessed on education accounts only. The cost is assessed monthly until paid in full and is subject to change annually. This cost may be avoided if a payment agreement is submitted and accepted by DMC within 30 days of the first demand letter.

WAIVER

If you feel you are not responsible for all or part of the debt or cannot pay, you have the right to request a waiver. If a waiver is granted, part or all of your debt is forgiven. A waiver cannot be granted if there is fraud, misrepresentation or bad faith on your part. To request a waiver, you should write a letter to the DMC requesting a waiver and explain why you should not be responsible for the debt. Include any documentation that supports your statement. If you want an oral hearing to present evidence, state so in your letter. Complete and return VA form 5655, Financial Status Report with your request. Submit your letter and the form through your local American Legion Service Officer.

If you request a waiver of an education, health care, pension or compensation debt, your request must be submitted within 180 days of the date you were originally notified of the debt. Loan guaranty debts have 1 year from notification.

COMPROMISE

The DMC can also consider a lesser amount as full settlement of your debt. This is called a “compromise offer” and should be submitted in writing stating you are making a compromise offer, specifying the amount you wish to pay. A VA form 5655, Financial Status Report, should be submitted with your offer through your local American Legion Service Officer. If accepted, you will be advised of the terms of acceptance.

The Debt Management Center accepts checks, money order, Visa, Master Card and Western Union Quick Collect.

PAYMENT OPTIONS

Please make your check or money order payable to the U.S. Department of Veterans Affairs and mail it to:

Debt Management Center

P.O. Box 11930

St. Paul, MN 55111

Your full name and VA File Number should be included on the payment to assure proper credit.

*Remember to keep copies of all paperwork, check records, dates of contact and names of individuals contacted.

Concurrent retirement and disability pay & combat-related special compensation:

A small group of disabled military retirees this month will be the first of 133,000 to receive lump-sum back payments, say officials with the Defense Finance and Accounting Service.

The trickle of payments will become a geyser at the end of October. Officials say 40,000 more retirees will see payments deposited electronically in their bank accounts by the Department of Veterans Affairs, DFAS or both. Payments will vary from several hundred dollars to $10,000 or more. The average will be $3,700.

Almost all retirees in line for the pay served 20 or more years and all have disabilities that made them eligible for Concurrent Retirement and Disability Pay or Combat-Related Special Compensation.

Pat Shine, DFAS deputy director, said a majority of the payments will be made in the next six months, with DFAS focusing first on older cases. He said it could take up to six more months to calculate and pay the most-complex retro pay file.

These involve multiple VA rating adjustments since CRSC and CRDP began, shifts by retirees between these two types of payments, ex-spouse pay entitlements and any other issue that requires lengthy record searches. DFAS officials are calling the $500 million effort the "VA Retro Pay Project." Retirees don't need to apply.

A hotline has been set for CRSC and CRDP recipients who believe they may qualify. That toll-free number is 1-877-327-4457.

Heroes to Hometowns:

As the war on terrorism continues, more young American military men and women are coming home bearing the scars of battle. Many continue to recover physically and emotionally from severe injuries including loss of limbs, mobility, and psychological trauma.

The American Legion and the Department of Defense have teamed up to provide these outstanding and dedicated Americans all the help they need to reestablish their lives when they come home.

It is a pillar of The American Legion – “to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.”

As a part of its social compact with service members and their families to care for their quality of life, the Department of Defense established the Military Severely Injured Center (MSIC) in February 2005 to augment the military service Severely Injured Support Programs:

· Army Wounded Warrior

· Marine for Life

· Air Force Palace Hart

· Navy Safe Harbor

The objective is to ensure seamless care to severely injured personnel and their families FOR AS LONG AS IT TAKES. Support includes financial assistance, education and employment assistance, information on VA benefits, assistance with specific service issues, family counseling, child care support, and resources in local communities.

The Heroes to Hometowns program identifies and coordinates resources in local communities before the service member and his or her family actually returns to the community. When they do, your post, working in consonance with the community, will be ready to provide full assistance. “When They Come Home, A Post Guide to Establishing A Successful “Heroes to Hometown” Program in your Community Guide will five you the necessary tools to assess the needs, form an action team within the post and the community, identify resources and coordinate a smooth transition.

Some service members have already returned home and have fallen through the cracks. The same procedures outlined in the “Post Guide to Establishing a Successful “Heroes to Hometown” Program in your Community Guide” can and should be applied to those veterans who are in your community as well.

The American Legion National Veterans Affairs and Rehabilitation Commission has a representative in the Pentagon at the Severely Injured Center to identify and coordinate the return of military members to their hometowns. This includes working with Departments, DOD state liaisons and identifying and assigning posts to aid individual service members and their families. The American Legion National Headquarters VA&R office will track, record and report back to the MSIC all efforts made by state American Legion Heroes to Hometowns representatives.

The American Legion serves as the lead organization in each state and community in forming local Heroes to Hometowns committees. If your post has been notified that a service member will be returning to your area, the information in the “Post Guide to Establishing a Successful “Heroes to Hometown” Program in your Community Guide” should serve you well.

Desired Outcome

From the moment the service member is evacuated from the battlefield overseas and treated to the time they come home, the goal is seamless support to assure that the injured service member and family achieve the highest level of functioning and quality of life.

Your Mission

The American Legion post is crucial to the success of a smooth transition. As an organization dedicated to service to our nation and our comrades, your post will provide the leadership and coordination to activate community resources. Your job is to coordinate, delegate, locate, and organize other non-profit organizations, business leaders, your chamber of commerce, state and local governments, Congressional liaisons, financial, legal, education and religious institutions, local military units, unions and other organizations interested in providing support. Your post will also be a safe haven for the service member and their family – a place of comrades who care.

The First Step

Establish a post “Hero Transition Team” (HTT) to oversee the effort and coordinate with all elements of the community. Suggested members would include at least two vice-commanders, the post service officer, a designated post public relations officer, and one officer from the Post Auxiliary and Post Sons of the American Legion if applicable. Many of the immediate needs of the family might be met by the post team. For example, the post service officer can assist with VA claims and appointments, veterans’ benefits, even assist with securing a VA home loan. The post Auxiliary might be able to pitch in with baby sitting requirements and transportation to assist with shopping errands; post members may be able to provide handyman assistance or provide any number of services. However, a community effort will be needed to ensure that the full array of support services will be available.

Together, the team should develop an outreach plan to establish a community Heroes to Hometowns committee that would provide the full spectrum of assistance the returning disabled service member and his or her family will need for a successful transition.

Immediate needs may include securing temporary and/or permanent housing; assistance in adapting a home or vehicle; helping find jobs and education opportunities and providing transportation for hospital visits.

Assemble a core committee base upon expected needs to include childcare, financial support, transportation, entertainment options, counseling, spiritual fellowship and family support. Your Post HTT should organize a welcome home celebration to include the entire community.

Each community will offer a wide array of resources but at the minimum the following resources in the community should be invited to participate on the committee:

¨ City government representative

¨ Members of the clergy

¨ Chamber of Commerce

¨ Local National Guard and Reserve, Active Duty personnel and military recruiters

¨ State vocational office representative

¨ Civic groups

Set up an initial meeting. Discuss anticipated needs and assign the appropriate resource the responsibility of assisting the service members with the particular service or product as appropriate.

Post “Buddy”

Just as many of us had a “sponsor” when reporting to a new duty station, one member of your post Hero Transition Team should serve as the “buddy,” or primary point of contact. This individual should be willing to respond to the service member on a 24-hour basis to act as resource manager to be able to intercede with the community committee to bring to bear whatever service might be needed by the service member and his or her family.

Communications

Before the service member comes home, he or she will have received superb medical care, counseling, and a host of transition support from the Military Severely Injured Center. The American Legion VA & R staff maintains and office at the MSIC. Once a date is established for release of the service member to return home, The American Legion staff will contact the applicable department who will identify the nearest post to coordinate the hometown transition.

When your post is contacted, you will need to move quickly to assemble your post team and community committee. It is important to contact The American Legion desk at the MSIC to receive information on the returning hero including needs, requirements and expectations. This data will help you determine the immediate makeup of the community committee so that all resources will be in place when the family comes home.

Since the Heroes to Hometowns program includes monitoring the progress of each member, it will be important for you to contact The American Legion VA & R desk at the MSIC to provide periodic reports on progress of the transition. They may be able to provide assistance or recommendations about needed resources that may not be available to you locally. Be sure to keep your Department headquarters liaison informed of both progress and any specific needs that they could help you resolve.

The following contacts are your direct connection with The American Legion at the Military Severely Injured Center (MSIC):

Scott Sundsvold

The American Legion, Heroes to Hometowns Liaison

Military Severely Injured Center (Pentagon)

DavidMarsh@itc.dod.mil

(703) 692-2054

VA & R (Washington Office)

(202) 263-2983

Whatever it takes

Your post is the heart and soul of The American Legion. No one is in a better position to evaluate and respond to the needs of U.S. military service personnel and their families in your area than you and your Hero Transition Team.