South Bend, IN -- Today, Congressman Joe Donnelly announced that the Department of Defense has changed its childcare benefits policy to cover more Active Guard and Reserve (AGR) personnel. This change was implemented as a result of an inquiry made by Donnelly to Secretary of Defense Robert Gates on behalf of a Mishawaka constituent.

“I am very pleased the Department of Defense corrected the disparity in its childcare benefits policy,” said Congressman Donnelly. “This policy change means that certain Guardsmen and Reservists now will receive childcare benefits that were previously denied to them.”

AGR personnel are members of the National Guard and Reserves who work full-time organizing, administering, recruiting, instructing or training Guardsmen and Reservists.  Army Reserve AGRs fall under the president’s authority under Title 10 of the U.S. Code, while National Guard AGRs fall under Title 32 of the U.S. Code and are under the authority of their respective governors unless called up for federal duty by the president.

As the policy stood, childcare fee assistance was available to those in the AGR program serving in a Title 10 status, but it was not available to those serving in a Title 32 status.

As a result of this disparity, Brendan Wilczynski of Mishawaka contacted Donnelly. A constituent and a full-time Indiana Army National Guard Title 32 AGR, Wilczynski works daily to prepare our soldiers before they are deployed to Iraq. However, as a Title 32 AGR, he was not eligible to receive childcare fee assistance.

After learning of Wilczynski’s concerns, Donnelly wrote to Secretary of Defense Robert Gates asking him to review the Department of Defense’s childcare benefits policies. Approximately two months later, Donnelly was contacted by Under Secretary of Defense David S.C. Chu, who informed him that, “after reviewing current policy, applicable statutes and current practices, we have determined that members serving in Title 32 status are eligible for childcare subsidy benefits […].”

“When my son Wyatt was born, my wife had to leave her job as a teacher to take care of him, putting a large financial strain on my family due to the lost income,” Wilczynski said.  “This policy change will benefit not only my family, but other families like mine in my Guard unit and thousands across the country.  I would like to thank Congressman Donnelly for his work on this issue and his dedication to the men and women in the Armed Forces.”

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