109th CONGRESS
2d Session

H. R. 6271

To amend title 10, United States Code, to provide that, in the case of any member or former member of a reserve component of the Armed Forces who is deployed to a combat theater due to an administrative error by the Department of Defense, the member shall be given nonregular service retirement credit equal to six times the length of the mistaken deployment.

IN THE HOUSE OF REPRESENTATIVES

September 29, 2006

Mr. BROWN of Ohio (for himself and Mr. STRICKLAND) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to provide that, in the case of any member or former member of a reserve component of the Armed Forces who is deployed to a combat theater due to an administrative error by the Department of Defense, the member shall be given nonregular service retirement credit equal to six times the length of the mistaken deployment.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Erroneous Deployment Compensation Act'.

SEC. 2. ADDITIONAL NONREGULAR SERVICE RETIREMENT CREDIT FOR MEMBER OR FORMER MEMBER OF A RESERVE COMPONENT DEPLOYED TO A COMBAT THEATER DUE TO AN ADMINISTRATIVE ERROR BY THE DEPARTMENT OF DEFENSE.

    (a) Retired Pay Eligibility- Section 12732 of title 10, United States Code, is amended by adding at the end the following new subsection:

    `(c) In the case of a person who, as determined by the Secretary of Defense, was ordered to active duty after September 11, 2001, and deployed to a combat theater of operations only by reason of administrative error by Department of Defense personnel, the person's years of service computed under subsection (a) are increased by five additional years for each year of service credited under subsection (a)(2) during which the person had 50 days or more of active service in the combat theater of operations.'.

    (b) Retired Pay Computation- Section 12733 of title 10, United States Code, is amended by adding at the end the following new paragraph:

      `(5) In the case of a person who, as determined by the Secretary of Defense, was ordered to active duty after September 11, 2001, and was deployed to a combat theater of operations only by reason of administrative error by Department of Defense personnel, five days (in addition to the days credited under paragraph (1)) for each day during which the person was so deployed in a combat theater of operations by reason of administrative error.'.

END