Georgia Lawmakers Among Those Backing Benefits for 'Sole Survivors'

WASHINGTON — Sen. Saxby Chambliss, R-Ga., and three other lawmakers introduced legislation Wednesday that would protect benefits for Americans who voluntarily leave the military after other family members have been killed at war.

If enacted by Congress, the bill would ensure that so-called "sole survivors" within a family of slain service members receive full separation pay, four months of health care, GI Bill college tuition money and other benefits upon leaving the military.

"The sole survivor policy is well-intentioned. It's designed to prevent families from losing all of their children in a given war," Senate co-sponsor Dianne Feinstein, D-Calif., told a Capitol press conference. "It's just like the movie, 'Saving Private Ryan,'" she said, alluding to the 1998 dramatization of a World War II mission to save a family's last remaining son from the hazards of combat.

Under policy dating to World War II, U.S. troops, airmen or sailors can qualify for an honorable discharge if they are the only remaining son or daughter in a family in which the mother or father, or one or more sons or daughters, has been killed in military service.

This policy, though, "is deeply flawed," said Feinstein, because it cuts 'sole survivors' off of benefits they might otherwise receive. "We think this needs to be changed."

Since the Sept. 11, 2001, attacks, 51 service members - including three from Georgia - have received sole survivor status. They are prohibited from hazardous duty and have the option of seeking an honorable discharge.

Sole survivors, however, are not guaranteed full benefits if they choose to leave the military before completing their tour of duty. That, said Chambliss, needs to change.

"Because it's an old policy - 60 years old - never been updated," Chambliss told reporters. "It's time to update it."

The legislation is sponsored in the House by Reps. Jim Costa, D-Calif., and Devin Nunes, R-Calif., and has the support of an additional 233 members of Congress.

Chambliss, a member of the Senate Armed Services Committee, said he planned to speak later Wednesday about the bill with the panel's chairman, Sen. Carl Levin, D-Mich., as well as fellow Republican Sens. John McCain of Arizona and John Warner of Virginia.

"I'm certain they'll be very supportive of it," said Chambliss.

The issue was spotlighted after two brothers - Marine Lance Cpl. Jared Hubbard and Army Col. Nathan Hubbard, both of Clovis, Calif. - were killed in Iraq. As the last remaining son of the family, their brother, Army Spc. Jason Hubbard, was designated a sole survivor and sent back to the United States from Iraq.

He was discharged and returned to his previous job as a Fresno County deputy sheriff. Hubbard was initially asked to repay $2,000 out of a $6,000 enlistment bonus he had received and was denied temporary health care coverage. While those issues have been rectified, he has also been denied GI education benefits Hubbard asserts are worth $40,000 in college tuition funding.

"This is the ultimate sacrifice his family has made - two out of three children killed in this war," said Feinstein. "Why should he have to give up his benefits? How much can a family give?"

Hubbard, who appeared with legislators at the news conference, said he felt he had honored his commitment to the military, even though he was discharged before completing his contracted term.

"It does not matter what the numbers are on the contract," said Hubbard. "I don't have anything else to give. I'm the last of my family, and I just feel like my family's given enough."