January 22, 2009

Honorable Barack H. Obama

President of the United States

The White House

Washington, DC 20500

Mr. President:

We are writing to express our deep disappointment over a decision of the Department of Defense to reverse a determination that service in the Alaska Territorial Guard during World War II is to be regarded as active duty service for purposes of military retirement. The effect of the initial decision was to increase the military retirement pay disbursed to 25 Alaska Native Elders. The effect of the reversal is to reduce retirement pay to these Native people effective February 1, 2009. Some will lose income in excess of $500 a month. Those affected live in the remotest villages of rural Alaska. Communities with names transliterated into English from Alaska Native languages like Akiachak, Kwigillingok, Kongiganak, Kwethluk and Shaktoolik. These communities suffer from some of the highest living costs anywhere in our Nation. We are gravely concerned that this abrupt change of position, coming in the dead of Alaskan winter, will weaken the safety net for these Elders at a time of the year that they are most vulnerable.

The Alaska Territorial Guard was formed in June 1942 by Territorial Governor Ernest Gruening in response to increasing Japanese activity around Alaska. The Alaska National Guard was deploying away from Alaska at the time leaving no ground troops to protect the State. It was an uncompensated volunteer force of 6,389 Alaskans. While the Territorial Guard took on the moniker "Eskimo Scouts," the force included Aleut people, Alaska Indians, and Caucasians as well as Eskimos. From 1942 - 1947 members of the Territorial Guard shot down Japanese air balloons, rescued downed airmen, protected the Lend-Lease route from America to Russia, and engaged in combat with the enemy. When the Territorial Guard disbanded in 1947, many of its members were absorbed into the Army and the Alaska National Guard. The 25 Alaska Native Elders referenced in this letter earned military retirement benefits as a result of this service.

From 1947 until 2000 America did not recognize the sacrifices of the Alaska Territorial Guard members as service to America. Section 8147 of the Defense Appropriations Act for Fiscal Year 2001, Public Law 106-259, attempted to correct this injustice. It required the Secretary of Defense to issue certificates of discharge to members of the Alaska Territorial Guard and it required the Secretary of Veterans Affairs to make veterans benefits available to these individuals.

The Defense Department initially concluded that the issuance of the certificate of discharge entitled members of the Alaska Territorial Guard to military retirement credit for their years of service in that organization. That policy has been reversed effective February 1, 2009, leading to an impending reduction in retirement benefits to the 25 Alaska Native Elders. We are told that the decision is the result of legal review, but we have neither been provided with a copy of the legal opinion nor have we been briefed on the deliberative process that led to the shift in policy.

Little effort has been made to outreach to the affected Native Elders and address the consequences of this sudden loss of income. We are informed that the Elders will first learn that their benefits have been reduced by a letter from the Army Human Resources Command, St. Louis, mailed on or about January 22, 2009.

Ideally, the Defense Department would find a way to continue to credit Alaska Territorial Guard service for retirement purposes without further legislative action. However, if this is not possible, we believe it is only fair that the administration works expeditiously to send legislation to Congress before the reduction in benefits takes effect and works with us to enact that legislation. The legislation would end all doubt that Alaska Territorial Guard service is to be credited for military retirement and clarify that benefits are to be paid retroactive to the effective date of Section 8147. The Native Elders whose benefits have been reduced deserve an apology from a senior Defense Department official. Outreach needs to be done to assess the impact that the abrupt loss of income will have on the Elders and thought should be given to whether this difference can be made up through payments from other federal programs or donations from military oriented charities.

It is unfortunate that your administration inherited this issue in its initial days in office. We are disappointed that the Defense Department did not bring this issue to our attention at the same time it was working to eliminate the enhanced retirement benefit for former members of the Alaska Territorial Guard. It was not until we brought the issue to the attention of the Department that our worst fears were confirmed. As you instill a new sense of responsiveness and responsibility within federal agencies, we look forward to working with you to resolve this problem for these brave Alaskans.

Respectfully,

Lisa Murkowski Mark Begich Don Young

United States Senator United States Senator Congressman for All Alaska

cc: Honorable Robert M. Gates, Secretary of Defense

Honorable Pete Geren, Secretary of the Army