About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (November 2, 2022)

handle is hein.crs/govejgq0001 and id is 1 raw text is: Congre &conaI Resedrch SE hnorning Ah egisative debate sne 191 S November 2, 2022 Veteran Status Based on Service with Certain Civilian Groups Throughout history, civilians have played a role in supporting U.S. Armed Forces both at home and abroad. In some circumstances, civilians have deployed to a theater of combat as government employees or defense contractors in support of military operations. In these circumstances there may be questions regarding whether individuals would be eligible for benefits from the U.S. Department of Veterans Affairs (VA) due to illness or injuries sustained during their work alongside the Armed Forces. Generally, these individuals do not meet the statutory definition of veteran found in Title 38, Section 101(2), of the U.S. Code, because they do not meet the active military service and discharge under other than dishonorable conditions requirements. However, in limited instances, Congress has designated services provided to the U.S. Armed Forces by certain civilian groups as active military service and granted veteran status to these groups so that their members may be eligible for VA benefits. In 1977, Congress granted the authority to the Secretary of the Department of Defense (DOD) to designate services provided by civilian groups as active military service for eligibility to receive VA benefits. In addition, those who do not have active military service may be eligible for worker's compensation through the Federal Employees' Compensation Act. This In Focus explains the limited circumstances through which members of certain civilian groups may be eligible for VA benefits. It also provides examples of a few civilian groups that have been granted veteran status during the 20th and 21st centuries. Overview In certain circumstances, groups of civilians who participated in wartime activities are granted eligibility for all VA benefits available to former servicemembers who meet the statutory definition of veteran. The GI Bill Improvement Act of 1977 (P.L. 95-202) recognized service with the Women's Air Forces Service Pilots (WASPs, a civilian group) as active military service and specified criteria for groups to be granted active military service pursuant to DOD regulations. This includes members of civilian or contract employment groups who render services for the U.S. Armed Forces in a similar way as the WASPs. P.L. 95-202 also granted the Secretary of Defense the authority to certify whether service for the Armed Forces by a group of civilians or contractors is considered active military service and to issue a discharge under honorable conditions. On February 28, 1979, DOD's final rule implemented the provisions of P.L. 95-202 (44 Federal Register 11220). Under this rule, the Secretary of Defense delegated the authority to grant active military service status to members of certain civilian or contractor groups to the Secretary of the Air Force. The determination to grant this status is based upon specific criteria such as the group having rendered services through civilian employment in a manner similar to the WASPs as a result of a contract to provide direct support to U.S. Armed Forces during a period of armed conflict. Upon the designation of active military service, the respective service secretaries will issue discharge paperwork. As a result, civilian individuals with both active military service and honorable discharge statuses can be made eligible for VA benefits. In addition, the rule established the DOD Civilian/Military Service Review Board to review each application for active military service status. DOD Directive 1000.20, Active Duty Service Determinations for Civilian or Contractual Groups, requires a representative from the civilian or contracted employer group to submit such applications. The Secretary of the Air Force has the final decision authority following the board's review and recommendation on whether the applicant group should be considered as having performed active military service. Civilian G roups wkth Active M ilktary Servike To date, the Air Force Secretary has granted active military service to members of selected civilian groups for services provided to the U.S. Armed Forces. The majority of these groups participated in World War I and World War II, including those groups identified in Title 38, Section 3.7, of the Code of Federal Regulations. Below are examples of some of the civilian groups considered having performed active military service under Section 401 of P.L. 95-202: * Women's Air Force Service Pilots, * Signal Corps Female Telephone Operators Unit (World War I), * Engineer Field Clerks (World War I), * Male Civilian Ferry Pilots (World War II), * Women's Army Auxiliary Corps, and * other groups of employees with war-related occupations listed in Section 3.7 or determined by the Air Force Secretary. The most recent designation was made regarding a civilian group that served during the Vietnam era. On January 21, 2020, the DOD Civilian/Military Service Review Board and Department of the Air Force published a notice recognizing Navy civilian Special Agents as having performed active service in Vietnam between January 9, 1962, and May 7, 1975 (83 Federal Register 3339). ics

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most