Soldier Sent Home under Sole Survivor Law and Loses Military Benefits

Army Spc. Jason Hubbard was forced to leave the combat zone when his two brothers died in the Iraq war.  The soldier only came home to his own personal war, the military cut off his family’s health care, denied his GI educational subsidies and demanded that he repay his sign up bonus.  Hubbard was unable to receive any of his benefits until he petitioned his local congressman.

The congressman, Rep. Devin Nunes, is now attempting to pass a bill that will ensure basic benefits to all soldiers discharged from the Army due to its policy governing sole surviving siblings and children of soldiers who died in combat.  The rule was established in World War II in an effort to protect the rights of service people who have lost a family member in combat.

Hubbard told The Associated Press, “I felt as if in some ways I was being punished for leaving even though it was under these difficult circumstances…The situation that happened to me is not a one-time thing.  Its going to happen to other people, and to have a law in place is going to ease their tragedy in some way.”

Hubbard enlisted with his youngest brother, Nathan, after their brother Marine Lance Cpl. Jared Hubbard died in 2004 at the age of 22.  He died in a bomb explosion in Ramadi.  The brothers were assigned to the 3^rd Brigade of the 25^th Infantry Division in Hawaii, after they requested to be placed in the same unit.  A year later, they were deployed to Iraq.

Nathan died In August.  The 21 year old died resulting from a Black Hawk helicopter crash near Kirkuk.  Jason was part of the group assigned to remove the bodies from the wreckage.

Jason returned home to bury his brother.  After the funeral, Hubbard was informed that his pregnant wife was cut off from their healthcare and was told they needed go back to civilian life.  The army then demanded that Hubbard repay the $6,000 enlistment bonus and denied him his $40,000 educational benefits under the GI Bill.

The Hubbard Act was introduced on Wednesday, detailing the rights of sole survivors and extending numerous benefits already offered to honorably discharged soldiers.  The bill is co sponsored by Rep. Jim Costa, D-Calif., Sen. Dianne Feinstein, D-Calif., and Sen. Saxby Chambliss, R-Ga.

Hubbard and his family now have permanent health coverage and is now working as the sheriffs deputy in  Fresno County, his previous job before he joined the Army.