Existing law establishes in state government the Military Department, which includes the office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia. Existing law provides various protections and benefits to veterans.

This bill would require the Military Department to provide members of the state Military Reserve who honorably serve 10 years or more with a retired identification card that is suitable to assist access to state and local benefits that the retired member may be entitled to, as specified.

Date of Hearing: April 4, 2017

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

ABPCA Bill Id:AB 897 (

Author:Travis Allen) – As Introduced Ver:February 16, 2017

SUBJECT: Military identification

SUMMARY: Requires the California Military Department (CMD) to issue retired identification cards to retired members of the California State Military Reserve (CSMR) as specified.

EXISTING LAW: Military and Veterans Code section 120 states:

The militia of the State shall consist of the National Guard, State Military Reserve and the Naval Militia—which constitute the active militia—and the unorganized militia.

FISCAL EFFECT: Unknown at this time.

COMMENTS: SMR members who complete 10 or more years of CSMR active service may under current SMR regulations, be “transferred to the CSMR Retired List” under specified conditions (CSMR Regulation 600-1, section 11-6, “Retirement” and parallel sections for Officers and Warrant Officers). 

CSMR members are currently authorized to carry CSMR ID cards and many, if not most, do so. CSMR members who “retire” are required to return their CSMR ID cards on retirement, pursuant to CSMR Regulation section 600-1, 11-6 and parallel provisions:

HQ, CSMR will affect all separation orders and prepare retirement certificates upon receipt of a CSMR Form 10 and the individual's CSMR Identification Card. No retirement or certificates will be issued without the individual's CSMR ID Card being returned to state custody.

Retired CSMR members are specifically authorized to represent themselves as retired on correspondence using their last authorized rank and (CA) (Ret), as noted in the following example: JOHN Q. SMITH, MSG (CA) (Ret).

The card would serve as a token of recognition of retired CSMR members’ long and honorable service and the bill concept seems an incremental extension of existing policy and practice of the CSMR.

Policy issues for the members:

1. No legislation is necessary to accomplish the author’s objective here, nor it clear that there is any problem driving this legislation.
2. It is not clear that allowing retired members to carry a retired ID will inure to them any military or veterans benefit per se.  In fact, the issuance of retired ID cards may lead to confusion in the community and/or their use by card holders to obtain veterans benefits, honors, or discounts. The CSMR ID cards CSMR members carry are quite similar in format and design to active duty, reserve, and National Guard ID cards. While some CSMR members may be veterans, absent additional facts, a member of the CSMR who had never been called to active duty of any sort nor had previous affiliation with the National Guard, active duty or reserve forces of the United States would not commonly be considered a veteran.
3. While the regulations do allow transfer to the retired list at 10 years, in the broader military and veterans community, voluntary retirement is rare and under exceptional circumstances at the 10 years of service mark or prior. Voluntary retirement typically happens at 20 years of service. Further, although reservists who complete 20 years of service may retire at that point, they are typically not able to collect retirement benefits until age 60. Will the retired ID create confusion or misunderstanding about the length of service of the retired CSMR member?
4. Is this an urgent need or issue facing the veterans and military community?  There is not a clear need for legislation to achieve the author’s purpose, the benefit to ID holders is minor and honorary only, there is no documented lack of recognition of such members’ service, and the number of potential recipients is small.
5. Assuming the bill is enacted, would the card be available on request retrospectively from the date the bill takes effect?

REGISTERED SUPPORT / OPPOSITION:

Support

American GI Forum of California

American Legion- Department of California

AMVETS- Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Military Officers Association of America, CA Council of Chapters

Vietnam Veterans of America- California State Council

Opposition

None on File.

Analysis Prepared by: John Spangler / V.A. / (916) 319-3550