38 U.S.C. § 106 — Certain service deemed to be active service
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 727 words · no verdicts yet
This law counts certain non-standard military service as full active duty for veterans' benefits. It covers WAAC service before October 1943, injuries while reporting for duty, and post-discharge travel time. It also covers training-duty injuries or deaths, and Alaska Territorial Guard service in World War II.
Service as a member of the Women’s Army Auxiliary Corps for ninety days or more by any woman who before October 1, 1943, was honorably discharged for disability incurred or aggravated in line of duty which rendered her physically unfit to perform further service in the Women’s Army Auxiliary Corps or the Women’s Army Corps shall be considered active duty* for the purposes of all laws administered by the Secretary*.
Any person entitled to compensation* or pension* by reason of this subsection and to employees’ compensation based upon the same service under subchapter I of chapter 81 of title 5 must elect which benefit she will receive.
Any person—
who has applied for enlistment or enrollment in the active military, naval, air, or space service* and has been provisionally accepted and directed or ordered to report to a place for final acceptance into such service; or
who has been selected or drafted for service in the Armed Forces* and has reported pursuant to the call of the person’s local draft board and before rejection; or
who has been called into the Federal service as a member of the National Guard, but has not been enrolled for the Federal service; and
who has suffered an injury or contracted a disease in line of duty while en route to or from, or at, a place for final acceptance or entry upon active duty, will, for the purposes of chapters 11, 13, 19, 21, 31, and 39 of this title, and for purposes of determining service-connection of a disability under chapter 17 of this title, be considered to have been on active duty and to have incurred such disability in the active military, naval, air, or space service.
For the purposes of this title, an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during the period of time immediately following the date of such discharge or release* from such duty determined by the Secretary concerned* to have been required for that individual to proceed to that individual’s home by the most direct route, and in any event that individual shall be deemed to have continued on active duty until midnight of the date of such discharge or release.
For the purposes of this title, any individual—
who, when authorized or required by competent authority, assumes an obligation to perform active duty for training* or inactive duty training*; and
who is disabled or dies from an injury or covered disease incurred while proceeding directly to or returning directly from such active duty for training or inactive duty training, as the case may be;
shall be deemed to have been on active duty for training or inactive duty training, as the case may be, at the time such injury or covered disease was incurred.
In determining whether or not such individual was so authorized or required to perform such duty, and whether or not such individual was disabled or died from injury or covered disease so incurred, the Secretary shall take into account the hour on which such individual began so to proceed or to return; the hour on which such individual was scheduled to arrive for, or on which such individual ceased to perform, such duty; the method of travel employed; the itinerary; the manner in which the travel was performed; and the immediate cause of disability or death.
Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subsection, the burden of proof shall be on the claimant.
For purposes of this subsection, the term “covered disease” means any of the following:
Acute myocardial infarction.
A cardiac arrest.
A cerebrovascular accident.
Each person who has incurred a disability as a result of an injury or disease described in subsection (b) shall be entitled to the same rights, privileges, and benefits under title 5 as a preference eligible described in section 2108(3)(C) of title 5.
Service as a member of the Alaska Territorial Guard during World War II* of any individual who was honorably discharged therefrom under section 8147 of the Department* of Defense Appropriations Act, 2001, shall be considered active duty for purposes of all laws administered by the Secretary.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 87–102, § 1, July 21, 1961, 75 Stat. 219; Pub. L. 88–616, Oct. 2, 1964, 78 Stat. 994; Pub. L. 89–311, § 5, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 97–295, § 4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99–576, title VII, § 701(5), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 106–259, title VIII, § 8147(a), Aug. 9, 2000, 114 Stat. 705; Pub. L. 106–419, title III, § 301(b), Nov. 1, 2000, 114 Stat. 1852; Pub. L. 116–283, div. A, title IX, § 926(a)(3), Jan. 1, 2021, 134 Stat. 3829.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1110
- 1961Amended · Pub. L. 87-102 · 75 Stat. 219
- 1964Amended · Pub. L. 88-616 · 78 Stat. 994
- 1965Amended · Pub. L. 89-311 · 79 Stat. 1156
- 1982Amended · Pub. L. 97-295 · 96 Stat. 1305
- 1986Amended · Pub. L. 99-576 · 100 Stat. 3291
- 1991Amended · Pub. L. 102-83 · 105 Stat. 403
- 2000Amended · Pub. L. 106-259 · 114 Stat. 705
- 2000Amended · Pub. L. 106-419 · 114 Stat. 1852
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3829
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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