SERVICE REQUIREMENTS

SOURCE: $ 2.1000 to 2.1002, inclusive, contained in Regulations, Administrator, Nov. 26, 1945, 10 F.R. 14452.

§ 2.1000 World Wars I and II. (a) The beginning and termination dates of World War I are April 6, 1917, and November 11, 1918, but as to service in Russia, the ending date is April 1, 1920. Except as to emergency officers retirement pay, reenlistment in the military or naval service on or after November 12, 1918, and before July 2, 1921, where there was prior active service between April 6, 1917, and November 11, 1918, shall be considered as World War I service under the laws providing compensation or pension for World War I veterans and their dependents. (§ 35.011 (a) (1); section 5, Public No. 304, 75th Congress.) (50 Stat. 661; 38 U.S.C. 424a)

(b) World War II shall comprise the period from December 7, 1941, to the termination of hostilities incident to the present war as determined by proclamation of the President or by concurrent resolution of the Congress, both dates inclusive. Service on or after September 16, 1940, and prior to the termination of hostilities incident to the present war, both dates inclusive, shall be considered as World War II service for vocational rehabilitation, education or training purposes. (Section 9 (a), Public No. 144, 78th Congress; section 400 (a) and (b),

Public No. 346, 78th Congress.) (57 Stat. 554, 58 Stat. 284; 38 U.S.C. 727, 693)

§ 2.1001 Persons included in the acts in addition to commissioned officers and enlisted men.

(c) Philippine Scouts and others. Philippine Scouts, the Insular Force of the Navy, Samoan Native Guard, Samoan Native Band, and Band of the Navy are within the terms of the Acts, except that neither the Philippine Scouts nor the Insular Force of the Navy were, or are, included in Article II of the War Risk Insurance Act. Members of the organized military forces of the Government of the Commonwealth of the Philippines are included from and after the dates and hours, respectively, that they were called into service of the armed forces of the United States by orders issued from time to ime by the general officer, United States Army, designated by the Secretary of War. (Section 2 (a) (12), Public No. 127, 73d Congress.) (48 Stat. 456.) [Paragraph (c) amended]

(e) Commissioned officers, Public Health Service. Officers of the Public Health Service who were detailed for duty with the Army or Navy are included as officers in the active service. On or after November 11, 1943, commissioned cfficers of the Public Health Service, regular and reserve, who are (1) detailed for duty with the Army, Navy, or Coast Guard; (2) serving in time of war outside the continental limits of the United States or in Alaska, regardless of whether the disability or death was suffered prior or subsequent to November 11, 1943, the date of enactment of Public No. 184, 78th Congress: Provided, however, That benefits may not be awarded for any period prior to November 11, 1943; or (3) who perform active service in time of war and following the issuance of an Executive order declaring the commissioned corps of the Public Health Service a part of the military forces of the United States, are also included. In regard to (3) above, the Executive order was published on June 29, 1945, effective July 29, 1945; hence, on and after the latter date and for the duration of World War II the above described commissioned officers of the Public Health Service, with respect to active service performed, shall be considered as in active military or naval service and included within the Acts administered by the Veterans Administration. (Section 8, Public No. 184, 78th

Congress; Executive Order No. 9575.) (57 Stat. 587; U.S.C. 42, sec. 37) [Paragraph (e) amended]

(j) Alien beneficiaries. A veteran discharged for alienage during a period of hostilities is ineligible for benefits, unless he can establish that it was not pursuant to his own request. However, such a veteran, if discharged for alienage after the termination of hostilities and if his service was honest and faithful is not barred from benefits if he is found to be otherwise entitled thereto. (58 Stat. 284; 38 U.S.C. 693) [Paragraph (j) amended]

(1) Cadets and midshipmen. Cadets and midshipmen suffering from disabilities incurred in the line of duty while assigned to duties constituting war service, which includes practice cruises at sea but excludes practice maneuvers at West Point, during the period of one of the hostilities enumerated in §§ 35.011 to 35.016, are entitled to a pension for such disability at the rate provided in $35.011, if otherwise entitled. Cadets and midshipmen who are disabled by reason of a wound or injury received or a disease contracted while pursuing the prescribed course of instruction at the academies and in line of duty are entitled to a pension at the rate prescribed in § 35.012, if otherwise entitled. Midshipmen assigned to practice cruises or cadets or midshipmen otherwise actually assigned to active duty for a total of at least ninety days during a period of hostilities enumerated in §§ 35.011 to 35.016, who are now suffering from a disability permanent and total in degree, but which is not connected with any period of service, are entitled to a pension at the rate prescribed in § 35.013, if otherwise entitled. Service as a cadet at the United States Military Academy or as a midshipman at the United States Naval Academy or as a cadet at the United States Coast Guard Academy on or after December 7, 1941, and before termination of hostilities incident to the present war as determined by proclamation of the President or by concurrent resolution of the Congress shall be condered active military or naval service in World War II for the purposes of laws administered by the Veterans' Administration. (Section 10, Public No. 144, 78th Congress.) (57 Stat. 554; 38 U.S.C. 730) [Paragraph (1) amended]

(m) Under Public No. 2, 73d Congress. (1) Persons who on or after April 6, 1917, and prior to November 12, 1918, applied for enlistment or enrollment in the active service who were provisionally accepted and ordered to report to a place for final acceptance or who were drafted and after reporting pursuant to call of their local draft board, or who were called into the Federal service as members of the National Guard but before enrollment for Federal service suffered an injury or disease in line of duty, are included.

(2) (i) Under Public No. 300, 78th Congress. Any person who on or after August 27, 1940, and prior to termination of the present hostilities, has applied or shall hereafter apply for enlistment or enrollment in the active military or naval forces and who was or shall be provisionally accepted and directed or ordered to report to a place for final acceptance into such military or naval service, or who was or is selected for service and after reporting pursuant to the call of his local board and prior to rejection, or who after being called in the Federal service as a member of the National Guard but before being enrolled for the Federal service suffered or shall suffer an injury or a disease in line of duty and not the result of his own wilful misconduct, is included: Provided, That payments of pension under the terms of this paragraph shall not be effective prior to May 11, 1944.

(ii) The provisions of Public No. 300, 78th Congress, attach whenever a person is acting pursuant to an order of his draft board, including an order to report to the board for a preinduction examination. The protection covers any injury or disease which is or was acquired during time spent away from home or en route home in connection with such order and as a result thereof. An injury or disease which is or was suffered on the trip when reporting for active duty or final induction is covered. The injury or disease to be pensionable must be attributable to some cause or factor relating to his activity in connection with complying with proper orders. These provisions do not extend to such persons as to disease or injury suffered during the period of inactive duty or period of waiting after passing final physical examination and prior to beginning the trip to report for induction. Such protection also applies to a mem