the Secretary concerned to have been required for him to proceed to his home by the most direct route, and, in all instances, until midnight of the date of such discharge or release. (38 U.S.C. 106 (c)) This provision is effective:

(i) January 1, 1957, for service-connected death benefits where the discharge or release occurred on or after that date.

(ii) January 1, 1959, for service-connected disability compensation where the discharge or release occurred on or after January 1, 1957.

(iii) July 21, 1961, for compensation or pension, where the discharge or release occurred prior to January 1, 1957. [Subparagrph (6) amended, 27 F.R. 4023, Apr. 27, 1962]

a

(2) Full-time duty for training purposes performed as commissioned officer of the Reserve Corps of the Public Health Service:

(i) On or after July 29, 1945, or

(ii) Before that date under circumstances affording entitlement to "full military benefits," or

(iii) At any time, for the purposes of dependency and indemnity compensation;

(3) Full-time duty performed by members of the National Guard or Air National Guard of any State, under 32 U.S.C. 316, 502, 503, 504, or 505, or the prior corresponding provisions of law (where entitlement to disability benefits arises solely under this subparagraph, benefits may not be paid for any period prior to January 1, 1959); or full-time duty by such members while participating in the reenactment of the Battle of First Manassas in July 1961; and [Subparagraph (3) amended, 26 F.R. 6767, July 28, 1961]

(4) For the purposes of dependency and indemnity compensation, annual training duty to which ordered for a period of 14 days or more by a member of a Reserve Officers' Training Corps (38 U.S.C. 403); and

(5) Authorized travel to or from such duty.

The term does not include duty per

(1) Duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by the Secretary concerned under 37 U.S.C. 301 or any other provision of law; and

(2) Special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.

(3) Duty (other than full-time duty) performed by a member of the National Guard or Air National Guard of any State, under 32 U.S.C. 316, 502, 503, 504, or 505, or the prior corresponding provisions of law. (Where entitlement to disability benefits arises solely under this subparagraph, benefits may not be paid for any period prior to January 1, 1959.) The term "inactive duty training" does not include:

(i) Work or study performed in connection with correspondence courses;

(ii) Attendance at an educational institution in an inactive status, or

(iii) Duty performed as a temporary member of the Coast Guard Reserve.

(e) Travel status; training duty (disability or death from injury incurred on or after January 1, 1957). Any member of a Reserve Component:

(1) Who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and

(2) Who is disabled or dies from an injury incurred on or after January 1, 1957, while proceeding directly to or returning directly from such active duty for training or inactive duty training shall be deemed to have been on active duty for training or inactive duty training, as the case may be. The Veterans Administration will determine whether such individual was so authorized or required to perform such duty, and whether he was disabled or died from injury so incurred. In making such determinations, there shall be taken into consideration the hour on which he began to proceed or return; the hour on which he was scheduled to arrive for, or on which he ceased to perform, such

The following are included: (a) Aerial transportation of mail (Pub. Law 140, 73d Congress). Persons who were injured or died while serving under conditions set forth in Public Law 140, 73d Congress.

(b) Aliens. Effective July 28, 1959, a veteran discharged for alienage during a period of hostilities unless evidence affirmatively shows he was discharged at his own request. A veteran who was discharged for alienage after a period of hostilities and whose service was honest and faithful is not barred from benefits if he is otherwise entitled. A discharge changed prior to January 7, 1957, to honorable by a board established under authority of section 301, Public Law 346, 78th Congress, as amended, or section 207, Public Law 601, 79th Congress, as amended (now 10 U.S.C. 1552 and 1553), will be considered as evidence that the discharge was not at the alien's request. (38 U.S.C. 3103(c)) (See §3.12.) [Paragraph (b) amended, 27 F.R. 4024, Apr. 27, 1962]

(c) Army field clerks. Included as enlisted men.

(d) Army Nurse Corps, Navy Nurse Corps, and female dietetic and physical therapy personnel. (1) Army and Navy nurses (female) on active service under order of the service department.

(2) Dietetic and physical therapy (female) personnel, excluding students and apprentices, appointed with relative rank on or after December 22, 1942, or commissioned on or after June 22, 1944.

(e) Aviation camps. Students who were enlisted men during World War I. (f) Cadets and midshipmen. See § 3.6 (b) (4).

(g) Coast and Geodetic Survey. See § 3.6(b) (3).

(h) Coast Guard. Active service in Coast Guard on or after January 29, 1915, while under jurisdiction of either Treasury or Navy Department. (Where en

titlement to benefits arises solely under this paragraph benefits may not be paid for any period prior to January 1, 1958.)

(i) Contract surgeons. For compensation and dependency and indemnity compensation, if the disability or death was the result of disease or injury contracted in line of duty during a war period while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu or in hospital. (j) Field clerks, Quartermaster Corps. Included as enlisted men.

(k) Lighthouse service personnel. Transferred to the service and jurisdiction of War or Navy Departments by Executive order under the Act of August 29, 1916. Effective July 1, 1939, service was consolidated with the Coast Guard.

(1) Male nurses. Persons who were enlisted men of Medical Corps.

(m) National Guard. Members of the National Guard of the United States and Air National Guard of the United States are included as Reserves. See § 3.6 (c) and (d) as to training duty performed by members of a State National Guard, and paragraph (o) of this section as to disability suffered after being called into Federal service and before enrollment.

(n) Persons heretofore having a pensionable or compensable status. (38 U.S.C. 352, 504)

(0) Persons ordered to service. (1) Any person who has

(i) Applied for enlistment or enrollment in the active military, naval, or air service and who is provisionally accepted and directed, or ordered, to report to a place for final acceptance into the service, or

(ii) Been selected or drafted for such service, and has reported according to a call from his local draft board and before final rejection, or

(iii) Been called into Federal service as a member of the National Guard, but has not been enrolled for Federal service, and

(iv) Suffered injury or disease in line of duty while going to, or coming from, or at such place for final acceptance or entry upon active duty,

is considered to have been on active duty and therefore to have incurred such disability in active service.

(2) The injury or disease must be due to some factor relating to compliance with proper orders. Draftees and selectees are included when reporting for pre

induction examination or for final induction on active duty. Such persons are not included for injury or disease suffered during the period of inactive duty, or period of waiting, after a final physical examination and prior to beginning the trip to report for induction. Members of the National Guard are inIcluded when reporting to a designated rendezvous.

(p) Philippine Scouts and others. See § 3.8.

(q) Public Health Service. See § 3.6 (a) and (b).

(r) Reserves. See § 3.6 (a), (b), and (c).

(s) Revenue Cutter Service. While serving under direction of Secretary of the Navy in cooperation with the Navy. (t) Training camps. Members of training camps authorized by section 54 of the National Defense Act, except members of Student Army Training Corps Camps at the Presidio of San Francisco, and Plattsburgh, New York, and Fort Sheridan, Illinois, from July 18, 1918, to September 16, 1918.

(u) Women's Army Auxiliary Corps and Women's Army Corps.-(1) Women's Army Auxiliary Corps. A member of the Women's Army Auxiliary Corps who had 90 days or more service in such corps and who prior to October 1, 1943, was honorably discharged for disability incurred in line of duty. Effective August 7, 1959, service rendered in the Women's Army Auxiliary Corps by a member who was discharged or released under conditions other than dishonorable and who also had active service in the Armed Forces subsequent to September 29, 1943, is included for purposes of Veterans Administration benefits. (38 U.S.C. 106(a); 10 U.S.C. 1038) [Subparagraph (1) amended, 27 F.R. 4024, Apr. 27, 1962]

(2) Women's Army Corps. Service on or after July 1, 1943.

(v) Women's Reserve of Navy, Marine Corps, and Coast Guard. Same benefits as members of the Officers Reserve Corps or enlisted men of the United States Navy, Marine Corps or Coast Guard. [Paragraph (v) amended, 27 F.R. 4024, Apr. 27, 1962]

CROSS REFERENCE: Bureau of Employees' Compensation. See § 3.708.

[Cross reference added, 27 F.R. 4024, Apr. 27, 1962]

§ 3.8 Philippine and Insular Forces.

(a) Regular Philippine Scouts. Service in the Philippine Scouts (except that described in paragraph (b) of this section), the Insular Force of the Navy, Samoan Native Guard, and Samoan Native Band of the Navy is included for pension, compensation, dependency and indemnity compensation, and burial allowance. Benefits are payable in dollars. Service

(b) Other Philippine Scouts.

of persons enlisted under section 14, Public Law, 190, 79th Congress (Act of October 6, 1945), is included for compensation and dependency and indemnity compensation. Such benefits are payable at the rate of one Philippine peso for each dollar authorized under the law. All enlistments and reenlistments of Philippine Scouts in the Regular Army between October 6, 1945 and June 30, 1947, inclusive were made under the provisions of Public Law 190 as it constituted the sole authority for such enlistments during that period. This paragraph does not apply to officers who were commissioned in connection with the administration of Public Law 190.

(c) Commonwealth Army of the Philippines. (1) Service is included, for compensation, dependency and indemnity compensation, and burial allowance, from and after the dates and hours, respectively, when they were called into service of the Armed Forces of the United States by orders issued from time to time by the General Officer, United States Army, pursuant to the military order of the President of the United States dated July 26, 1941. Service as a guerrilla under the circumstances outlined in paragraph (d) of this section is also included. Service on or after July 1, 1946, is not included. Benefits are payable at the rate of one peso for each dollar authorized under the law.

(2) Unless the record shows examination at time of entrance into the Armed Forces of the United States, such persons are not entitled to the presumption of soundness. This also applies upon reentering the Armed Forces after a period of inactive service.

(d) Guerrilla service. (1) Persons who served as guerrillas under a commissioned officer of the United States Army, Navy or Marine Corps, or under a commissioned officer of the Commonwealth Army recognized by and cooperating with the United States Forces are included. (See paragraph (c) of this section.)

Service as a guerrilla by a member of the Philippine Scouts or the Armed Forces of the United States is considered as service in his regular status. (See paragraph (a) of this section.)

(2) The following certifications by the service departments will be accepted as establishing guerrilla service;

(i) Recognized guerrilla service;

(ii) Unrecognized guerrilla service under a recognized commissioned officer only if the person was a former member of the United States Armed Forces (including the Philippine Scouts), or the Commonwealth Army. This excludes civilians.

A certification of "Anti-Japanese Activity" will not be accepted as establishing guerrilla service.

(e) Combined service. Where a veteran who had Commonwealth Army or guerrilla service and also had other service, wartime or peacetime, in the Armed Forces of the United States, has disabilities which are compensable separately on a dollar and a peso basis, and the disabilities are combined under the authority contained in 38 U.S.C. 357, the evaluation for which dollars are payable will be first considered and the difference between this evaluation and the combined evaluation will be the basis for computing the amount payable in pesos.

CROSS REFERENCE: Computation of service. See § 3.15.

(a) For a Regular Philippine Scout or a member of one of the regular components of the Philippine Commonwealth Army while serving with Armed Forces of United States, the period of active service will be from the date certified by the Armed Forces as the date of enlistment or date of report for active duty whichever is later to date of release from active duty, discharge, death, or in the case of a member of the Philippine Commonwealth Army June 30, 1946, whichever was earlier. Release from active duty includes:

(1) Leaving one's organization in anticipation of or due to the capitulation. (2) Escape from prisoner-of-war

status.

(3) Parole by the Japanese.

(4) Beginning of missing-in-action status, except where factually shown at that time he was with his unit or death is presumed to have occurred while carried in such status: Provided, however,

That where there is credible evidence that he was alive after commencement of his missing-in-action status, the presumption of death will not apply for Veterans Administration purposes.

(5) Capitulation on May 6, 1942, except that periods of recognized guerrilla service or unrecognized guerrilla service under a recognized commisioned officer or periods of service in units which continued organized resistance against Japanese prior to formal capitulation will be considered return to active duty for period of such service.

cer.

(b) Active service of a Regular Philippine Scout or a member of the Philippine Commonwealth Army serving with the Armed Forces of the United States will include a "prisoner-of-war" status immediately following a period of active duty, or a period of recognized guerrilla service or unrecognized guerrilla service under a recognized commissioned offiIn those cases where following release from active duty as set forth in paragraph (a) of this section, the veteran is factually found by the Veterans Administration to have been injured or killed by the Japanese because of antiJapanese activities or his former service in the Armed Forces of the United States, such injury or death may be held to have been incurred in active service for Veterans Administration purposes. Determination shall be based on all available evidence, including service department reports, and consideration shall be given to the character and length of the veteran's former active service in the Armed Forces of the United States. [Paragraphs (a) and (b) amended, 26 F.R. 4612, May 26, 1961]

(c) A prisoner-of-war status based upon arrest during general zonification will not be sufficient of itself to bring a case within the definition of return to military control.

(d) The active service of members of the irregular forces "guerrilla" will be the period certified by the service department.

§3.11 Homicide.

Any person who has intentionally and wrongfully caused the death of another person is not entitled to pension, compensation, or dependency and indemnity compensation or increased pension, compensation, or dependency and indemnity compensation by reason of such death. CROSS REFERENCE: Forfeiture; servicemen's indemnity. See §3.1816.

(b) The following types of separations or releases are considered to be under dishonorable conditions unless it is found the person was insane at the time of committing the offense causing such separation or release.

(1) Mutiny, spying, or an offense involving moral turpitude or willful and persistent misconduct.

(2) By reason of sentence of a general court-martial.

(3) Acceptance of an undesirable discharge to escape trial by general courtmartial.

(4) Resignation by an officer for the good of the service.

(5) As a deserter.

(6) As a conscientious objector who refused to perform military duty, wear the uniform, or comply with lawful orders of competent military authorities.

(7) As an alien during a period of hostilities where it is affirmatively shown he requested his release. (See § 3.7(b).) [Subparagraph (7) amended, 27 F.R. 4024, Apr. 27, 1962]

(8) Discharge under other than honorable conditions, if the Veterans Administration determines that such separation or release was because of willful and persistent misconduct. Where service was otherwise honest, faithful, and meritorious, a discharge or separation other than dishonorable because of a minor offense shall not constitute willful and persistent misconduct. (38 U.S.C. 3103)

(c) Discharge because of homosexual acts generally will be considered a discharge under dishonorable conditions. [Paragraph (c) amended, 27 F.R. 4024, Apr. 27, 1962]

CROSS REFERENCES: Validity of enlistments. See §3.14.

conditional discharge if it was issued during one of the following periods:

(1) World War I; prior to November 11, 1918. As to reenlistments, this subparagraph applies only to Army and National Guard. No involuntary extension or other restrictions existed on Navy enlistments.

[Subparagraph (1) amended, 27 F.R. 4024, Apr. 27, 1962]

(2) World War II or Korean conflict; prior to the date the person was eligible for discharge under the point or length of service system, or under any other criteria in effect.

(3) Peacetime service; prior to the date the person was eligible for an unconditional discharge.

(b) The entire period of service under the circumstances stated in paragraph (a) of this section constitutes one period of service and entitlement will be determined by the character of the final termination of active service. This rule does not apply to certifications for loan guaranty benefits, entitlement to which is based on each period separately. [Paragraph (b) amended, 27 F.R. 4024, Apr. 27, 1962]

§3.14 Validity of enlistments.

Service is valid unless the enlistment is voided by the service department.

(a) Enlistment not prohibited by statute. Where an enlistment is voided by the service department for reasons other than those stated in paragraph (b) of this section, service is valid from the date of entry upon active duty to the date of voidance by the service department. Benefits may not be paid, however, unless the discharge is held to have been under conditions other than dishonorable. Generally discharge for concealment of a physical or mental defect except incompetency or insanity which would have prevented enlistment will be held to be under dishonorable conditions. [Paragraph (a) amended, 27 F.R. 4024, Apr. 27, 1962]

(b) Statutory prohibition. Where an enlistment is voided by the service department because the person did not have legal capacity to contract for a reason other than minority (as in the case of an insane person) or because the enlistment was prohibited by statute (a deserter or person convicted of a felony), benefits may not be paid based on that service even though a disability was incurred during such service. An unde