New Military Policy Expands Entitlement of Reservists
to Transitional Assistance Management Program Benefits
Revised Policy Removes Illegal Coding Requirement that
Denied Healthcare Coverage to Reservists
FOR IMMEDIATE RELEASE: August 18, 2026
ARLINGTON, VA— On August 10, 2026, in response to a class action complaint filed by the National Veterans Legal Services Program (NVLSP) and Dechert LLP, the Department of Defense (“DoD”) changed its policy regarding Reservists’ eligibility for Transitional Assistance Management Program (“TAMP”) benefits following a period of active duty of 30 days or more. TAMP provides 180 days of healthcare coverage to Reservists following the servicemember’s separation from active service.
The class action lawsuit was filed in the United States District Court for the District of Columbia on behalf of Anthony Gontarz, and a proposed class of current and former members of a Reserve Component of the United States Armed Forces. The suit challenged DoD’s denial of TAMP to otherwise eligible servicemembers based on an internal administrative coding requirement. The complaint alleged that the prior policy was based on criteria not authorized by statute, violating the Administrative Procedure Act. Specifically, DoD previously conditioned eligibility for TAMP on whether the servicemember’s orders had been coded as “in support of a contingency operation” in the Defense Enrollment Eligibility Reporting System (“DEERS”), the DoD’s internal system for tracking personnel status and benefits eligibility.
The August 2026 Memo issued by the Under Secretary of War for Personnel and Readiness rescinded the previous requirement for the coding in DEERS. The Memo states that a servicemember “does not need to demonstrate that his or her service period was substantively connected in some way to a war, a contingency operation, or a national emergency.” The Memo specifies that coding in DEERS will be “adjusted to implement this change to TAMP eligibility.” As a result of the issuance of the Memo, the named plaintiff, Mr. Gontarz, has already received an updated TAMP eligibility letter, granting TAMP benefits to himself and his dependents for his most recent period of active duty service.
Reservists who were previously found ineligible for TAMP coverage may seek reimbursement for civilian expenses for healthcare, including premiums and out-of-pocket costs, incurred by themselves and their covered family members. Retroactive eligibility for this revised policy was conferred back to April 24, 2020, six years prior to the filing of the litigation, in accordance with the statute of limitations for the suit. The Memo directs servicemembers seeking retroactive reimbursement to email the Defense Health Agency at dha.san-diego.healthcare-ops.mbx.thp-eligibility-adj@health.mil.
Over 770,000 Americans serve in a Reserve Component of the United States Armed Forces—the Army Reserve, Army National Guard, Navy Reserve, Marine Corps Reserve, Air Force Reserve, Air National Guard, and Coast Guard Reserve. Since the terrorist attacks of September 11, 2001, these servicemembers have been mobilized at historically unprecedented levels, serving in roles indistinguishable from their active duty counterparts and evolving into an operational force that the Nation relies on for sustained global and domestic missions.
In doing so, they and their families have borne the burdens of repeated separations, disrupted civilian employment, and prolonged absences from home. When a Reserve Component servicemember returns from active duty, the transition back to civilian life is often abrupt and uncertain—raising immediate concerns about employment, income stability, and continued access to healthcare.
Congress addressed that risk directly by creating TAMP, which guarantees Reserve Component servicemembers eligibility for 180 days of premium-free medical and dental coverage following the end of a qualifying period of active duty. Congress defined qualifying service to include activation of more than 30 days during a national emergency declared by the President or Congress without regard to the type of active duty service. Yet, the coding requirement effectively barred many Reservists from receiving TAMP coverage.
“Today’s action is an important victory for servicemembers and veterans who were unlawfully denied transitional health care benefits,” said Esther Leibfarth, Senior Managing Attorney at the National Veterans Legal Services Program. “For years, the government’s interpretation deprived eligible servicemembers and their families of TAMP coverage when they needed it most. This action corrects that error and ensures that eligible servicemembers and their families receive the transitional health care benefits Congress guaranteed by law.”
“We are pleased that the DoD has revised its policy to remove the coding requirement that previously limited TAMP access for eligible Reservists. Most importantly, Mr. Gontarz’s eligibility has now been confirmed, and other Reservists who were previously denied coverage can now seek the benefits available under the revised policy,” said Jay Jurata, Dechert partner and Navy veteran.
The Dechert team also includes counsel Brian Hanna, associate Nimisha Noronha, and senior paralegal Kenneth Hunter. In addition to Ms. Leibfarth, the NVLSP team also includes Director of Lawyers Serving Warriors® Rochelle Bobroff and Staff Attorney Matthew Handley.
About The National Veterans Legal Services Program (NVLSP)
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 18 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $7.2 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation’s definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information, go to nvlsp.org.
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Media contacts:
For NVLSP: Patty Briotta, 202-621-5698, patty@nvlsp.org
For Dechert: Lauren Salvatore, 212-649-8747, lauren.salvatore@dechert.com