Congressional Serial Set

stration of the manner in which the nation's sick and needy aging veterans may be given

care;

2. That Public Law 88-450 provide not less than 4,000 nursing care beds in addition to the 125,000 now authorized;

3. That means be supplied to increase, rather than decrease, the average daily patient load in the Department of Medicine and Surgery for those veteran patients not yet considered as having reached maximum hospital benefits under long-established programs;

4. That the national commander lead a continuing course of activity leading to complete active support of Public Law 88-450.

No. 597 (Virginia)-Whereas, There are definite indications that the Veterans Administration is planning to reduce the bed capacity of its domiciliary system; and

Whereas, There continues to exist a need for a successful domiciliary system to care for aged and aging war veterans not immediately in need of specific medical, hospital or nursing care, but who, through conditions caused by advancing years, and lack of resources, are unemployable and lack the means of self-support; and

Whereas, No competent authority within the Veterans Administration has stated precisely what is planned regarding the ultimate future of the domiciliary program; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That the American Legion is unalterably opposed to the closing of domiciliary beds or domiciliary facilities where a need for same is shown to exist.

No. 617 (Alabama)-Whereas, Newspaper stories of April 17 and 18, 1964 reported the shocking possibility that some VA hospitals may be closed for reasons of economy, the UPI's lead sentence summing it as follows: "President Johnson has directed the VA to consider closing some of its VA hospitals as an economy step, the White House disclosed today"; and

Whereas, This announcement was shocking and stunning to The American Legion; and

Whereas, Some five years ago the Veterans Administration hospital bed capacity was set at 125,000; and

Whereas, A memorandum to the present Administrator dated August 12, 1963, from the President, John F. Kennedy, in authorizing additional beds for nursing care patients acknowledged the existence of the 125,000 bed capacity; and

Whereas, The American Legion, recognizing that it is impossible to predict the future needs, has taken the position that the 125,000 beds for other than nursing type patients appears to be adequate at the present; and

Whereas, The national waiting list for admission to VA hospitals, and unmet demands in some areas, give some evidence to the fact that the 125,000 beds are not excessive; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion vigorously protest the closing of any hospital or the reduction of even a single bed for economy purposes; and be it further

Resolved, That the Administrator of Veterans Affairs shall have full authority to maintain the

125,000 hospital beds in addition to the nursing care beds and to maintain medical care second to none for the disabled veterans of this nation.

Claims and Rating (Kentucky)-Whereas,

No. 34 Rates of disability compensation are based on the Veterans Administration Schedule for Rating Disabilities, a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries and based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civilian occupations; and

Whereas, Disability pension is a benefit payable where a nonservice-connected disability is sufficiently severe to render it impossible for the average person to follow a substantially gainful occupation, provided other entitlement criteria are met; and

Whereas, The history of statutory awards reveals that sympathetic legislators wanted to recognize by this additional monetary benefit that loss of physical integrity was accomplished by mental torment and anguish; and

Whereas,

Veterans Administration regulations now permit a veteran to elect to receive disability pension in lieu of disability compensation when he considers it to his economic advantage to do so; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion shall sponsor and support legislation to provide that disability pension be payable in addition to the statutory award payable under 38 USC 314(k) to those veterans with a service-connected loss of use of one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception.

No. 49 (Florida)-Whereas, Veterans Administration Regulation 1054 (A) allows death pension benefits to be paid to any window who was married for 5 or more years prior to death of veteran or within the delimiting dates as prescribed or for any length of time if a child was born of the marriage; and

Whereas, Section 103 (a), title 38, United States Code, allows consideration for widows where there was an impediment without their knowledge; and

Whereas, Section 103 (a), title 38, United States Code, compels a widow to continuously cohabit for five or more years prior to death of veteran even if a child or children were born of the marriage; and

Whereas, The discrimination being placed on the mothers of these children should be corrected; now, therfore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That we request the Congress of the United States to amend section 103(a), title 38, United States Code, to read as follows:

"Whenever, in the consideration of any claim filed by a widow, as widow of a veteran for gratuitous death benefits under laws administered by the Veterans Administration, it is established by evidence satisfactory to the Administrator that she, without knowledge of any legal impediment, entered in a marriage with such veteran which, but for a legal impediment, would have been valid, and thereafter cohabitated with him for five or more years or for any period of time if a child were born

of the marriage, immediately before his death, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow of such veteran who is found to be entitled to such benefits. No duplicate payments shall be made by virtue of this subsection."

No. 93 (Philippine Islands)—Whereas, Filipino veterans who served under the United States armed forces before July 1, 1946, their dependents, widows and orphans receiving retirement or compensation covered by military order of the President of the United States, dated July 26, 1941, are being paid in Philippine peso currency, at one peso per dollar, or one half of the dollar equivalent based at two pesos per one dollar as contemplated in said order; and

Whereas, Filipino veterans who fall under this order do not seek to question the wisdom of the order paying them with the currency of their country for they believe sincerely that the above policy of the United States government was logical and equitable to all concerned at the time said order was effected without regard to Philippine posture in the international currency agreements, while the Philippine peso was then pegged at two pesos per one U.S. dollar; and

Whereas, in the present set-up of the Philippine national monetary structure, the Philippine peso has been radically devaluated from the old rate of two pesos per one dollar to almost four pesos per one dollar, in the wake of the emancipation from controlled economy to an indefinite uncertain freedom of the peso to seek its own level with foreign exchange; and

Whereas, it is the consensus of Philippine veterans that they are certainly getting the short end of the bargain arising from the continuity of the present policy on the ground that veterans who receive 100 pesos ($50), so the order implies, actually receive approximately $25, less, subject to the fluctuation of the free market rate of exchange; and

Whereas,

more or

It is the consensus that Filipino veterans who are receiving Filipino currency should be paid in dollars in lieu thereof or its equivalent from the original pay scale at two pesos per one dollar; now, therefore be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion sponsor and support legislation to amend 38 USC 107 to provide that payments of disability and death compensation to Commonwealth Army, recognized guerrilla, and new Philippine Scout veterans and their dependents shall be at the rate of $0.50 for each dollar otherwise authorized.

No. 128 (Ohio)-Whereas, Under Title 38, United States Code, any veteran who has suffered a service-connected anatomical loss or loss of use of one foot, or one hand, or one eye, receives a statutory award of $47 per month; and

Whereas, A veteran who has suffered a serviceconnected anatomical loss or loss of use of one kidney is not granted a statutory award; and

Whereas, A veteran who has lost an eye or a hand and then loses the other eye and hand does not necessarily face death; and

Whereas, A veteran who has lost one kidney faces the loss of his life should the remaining kidney fail to properly function; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September

22-24, 1964 That The American Legion sponsor and support legislation to amend 38 USC 314(k) to provide that any veteran who has a serviceconnected loss or loss of use of one kidney shall be entitled to a statutory award.

No. 175 (Nebraska)—Whereas, Public Law 87610 provides that veterans who have suffered blindness in one eye or loss of use of one kidney the result of a service-connected disability, and have suffered blindess in the other eye, or suffered severe involvement of the other kidney, such as to cause total disability, the result of nonserviceconnected disability, not the result of his own willful misconduct, shall be paid a rate of compensation as if his blindness in both eyes or such bilateral kidney involvement were the result of a service-connected disability; and

Whereas, No similar statutory provision relates to a veteran who is totally deaf in one ear due to service-connected disability and thereafter suffers total deafness in the other ear due to nonservice-connected disability and not due to his own willful misconduct; and

Whereas, The absence of a similar provision in title 38, United States Code, for a deaf veteran is manifestly unjust and inequitable; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion sponsor and support legislation to amend 38 USC 360 to provide that any veteran who has suffered deafness in one ear the result of a service-connected disability and who has suffered deafness in the other ear not the result of service and not the result of his own willful misconduct shall be entitled to disability compensation as though the bilateral deafness were incurred in or aggravated by military service.

No. 180 (Rhode Island)-Whereas, The burial allowance of $250 payable under 38 USC 902 on the burial and funeral expenses of a deceased veteran has not been changed despite the rise in these expenses since the allowance was last increased; now, therefore, be it

Resolved, That this increased burial allowance be paid as at present without any portion of it being specifically assigned to a particular item.

No. 386 (Illinois)-Whereas, From the date of its enactment, The American Legion has been aware of those deficiencies and inadequacies in Public Law 86-211, the Veterans Pension Act of 1959; and

Whereas, During the 87th and 88th Congresses, The American Legion sponsored and supported legislation that would amend this Act to improve its death and disability pension provisions for veterans of World War I, World War II, and of the Korean War, and for their survivors; and

Whereas, The needs of these veterans and survivors have become more acute because of the advances in the cost of living which total 8.3 per cent since the enactment of Public Law 86-211, and by the effect on many veterans and widows of the increase in Social Security benefits that will be granted under the Social Security Act Amendment of 1964; and

Whereas, The American Legion is fully aware of the actions taken by both the House of Representatives and the United States Senate on H. R. 1927; and

Whereas, There is no assurance that the Act, H. R. 1927, will be enacted into law by the end of the 88th Congress; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion sponsor and support legislation to accomplish the following amendments of title 38, United States Code: 1. a. Amend the table of rates and income limitations applicable under subsection 521(b) to unmarried veterans to provide that if a veteran's annual income does not exceed $1800 the rate of pension shall be $100 a month, and if his annual income is more than $1800 but does not exceed $2400 the rate of pension shall be $80 a month.

b. Amend the table of rates and income limitations under subsection 521 (c) applicable to married veterans or veterans with children to provide that if a veteran's annual income does not exceed $2400 the rate of pension shall be $100 a month, and if his annual income is more than $2400 but does not exceed $3600 the rate of pension shall be $80 a month, with $5 a month to be added to these rates for each additional dependent.

c. Amend the table of rates and income limitations under subsection 541(b) applicable to widows without children to provide that if a widow's annual income does not exceed $1800 the rate of pension shall be $65 a month and if her annual income is more than $1800 but does not exceed $2400 the rate of pension shall be $55 a month.

d. Amend the table of rates and income limitations under subsection 541(c) applicable to a widow with one child to provide that if a widow's annual income does not exceed $2400 the rate of pension shall be $75 a month, and if her annual income is more than $2400 but does not exceed $3600 the rate of pension shall be $65 a month.

e. Amend subsection 521(d) to provide that the aid and attendance monthly rate shall be increased from $70 to $100.

f. Amend section 521 by adding subsection (g) to provide that when a veteran who is rated permanent and total has additional disabilities independently ratable at 60 per cent or more, or who, by reason of his disability or disabilities, is permanently housebound but does not quality for the aid and attendance rates under subsection 521 (d), the monthly rate payable to him under subsection 521(b) or (c) shall be increased by $35.

2. Amend subsection 521(e) (1) to provide that $1200 or the total earned income of the spouse, whichever is the greater, shall be excluded the income of the veteran where such income is reasonably available to or for him.

from

3. Amend paragraph (4) of section 503 to provide for exclusion of not exceeding $10,000 in aggregate face amount of (A)

payments under policies of United States Government life insurance or National Service life insurance, (B) payments of servicemen's indemnity, and (C) in the case of claims for death pension, payments under policies or contracts private or commercial life insurance. 4. Amend paragraph (6) of section 503 to provide for exclusion from determinations of annual income 10 per cent of payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs; provided, that where an individual has made contributions thereto, the exclusion under this paragraph shall not apply until there has been received an amount equal to his contributions.

5. Amend subparagraph 7(B) of section 503 to provide for exclusion from annual income determinations the expenses of the veteran's last illness paid before his death.

6. Add the following to the list of items in section 503 which may be excluded from annual income determinations:

a. The

unusual

medical expenses of the veteran, widow, or child to the same extent as now applicable to income computation of dependent parents for dependency and indemnity compensation. b. Amounts equal to amounts paid by a veteran for the expenses of the last illness and burial of a spouse or child.

c. Profit realized from the disposition of real or personal property other than in the course of a business.

d. Payments received for discharge of jury duty or obligatory civic duties.

e. Payments of education assistance allowance or special training allowance under chapter 35 of title 38, United States Code. f. Payments of bonus or similar cash gratuity by any State based on service in the armed forces; and be further Resolved, That subsection 502(a) of title 38, United States Code, be amended to provide that otherwise eligible veteran be deemed permanently and totally disabled if 65 years of age or over and unemployed, or is suffering from active tuberculosis and is hospitalized for such disease; and be it further

Resolved, That section 612 of title 38, United States Code, be amended by another subsection to provide that any veteran who is a veteran of World War I, World War II, or the Korean War, is receiving increased pension under subsection 521(d) of this title based on need of regular aid and attendance may be furnished drugs or medicines ordered on prescription of a duly licensed physician as specific therapy in the treatment of an illness or injury suffered by the veteran. NOTE: Your Convention Rehabilitation Committee recommends to the national commander and the National Legislative Commission that they immediately reaffirm our support of H. R. 1927 now pending before the Congress of the United States.

No. 422 (Montana)-Whereas, The Veterans Administration is authorized to furnish a flag of the United States to drape the casket of certain deceased veterans, honorably discharged; and

Whereas, This United States flag has been of size 5 feet by 9% feet in order that it would entirely drape a casket; and

Whereas, The Veterans Administration has ordered that a reduced sized burial flag of 41⁄2 feet by seven feet now be used; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That we oppose this reduction in flag size; and be it further

Resolved, That The American Legion request Congress to take necessary legislative action to have the Veterans Administration restore the size of the United States flags for burial purposes to the original size of five feet by 91⁄2 feet.

No. 569 (Washington) - Whereas, Reports periodically issued by the Department of Labor show a continuing increase in the cost of living since disability compensation rates were last increased by Public Law 87-645; and

Whereas, The Veterans Administration schedule of ratings of reductions in earning capacity for specific injuries or combination of injuries is based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations; and

Whereas, It is the opinion of The American Legion that disability compensation should bear the same ratio to that payable for total disability as the percentage of disability bears to 100 per cent; and

Whereas, It is the thinking of The American Legion that additional compensation be payable to those veterans rated less than 50 per cent who have dependents on the same basis as it is now payable to those veterans rated 50 per cent or more; now, therefore, be it

1. That compensation rates shall not only be representative of the economic impairment but also reflect the increased cost of living; 2. That the rates of disability compensation shall bear the same relation to that payable for total disability as the percentage of disability bears to 100 per cent; and

3. That additional compensation shall be payable to those veterans rated less than 50

per cent who have dependents on the same basis as this compensation is now payable to those rated at 50 per cent or more. No. 608 (Virginia)-Whereas, Dependency questionnaires are to be sent to all parents receiving death compensation on each succeeding three year period, beginning in 1963; and

Whereas, These individuals are all in advancing years and count on compensation payments toward their living expenses; and

Whereas, The termination of payments causes hardships, especially if made retroactive; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion request the Veterans Administration amend its regulations to make the termination date of these payments the date of last payment and not, except for fraud, the date it is held that dependency ceased.

Insurance

No. 36 (Kentucky)-Whereas, chapter 19 of title 38, United States Code, provides for the purpose of determining liability in connection with National Service life insurance and United States government life insurance, that the United States shall bear the costs of excessive mortality and total disability, or waiver of premiums on account of total disability, traceable to the extra hazard of military or naval service, as such hazard may be determined by the administrator, and

Whereas, These costs or liabilities, because they were not the chargeable to mutual National Service life insurance or United States government life insurance funds, resulted in surpluses in these funds that have since been refunded as special and regular dividends to policyholders then at risk; and

Whereas, The General Accounting Office, based on a review of selected Veterans Administration extra hazard determinations, recommends to the Veterans Administration that it review death and disability extra hazards determinations of policy contracts no longer active; and

Whereas, A review of these inactive insurance contracts may have the effect of changing the cost liability in some cases from the United States to the mutual insurance trust funds, thereby reducing the amount of these funds available for payment of regular dividends to current risk policyholders; and

an as

Whereas, It is the opinion of The American Legion that the limited review recommended by work the General Accounting Office would inequity against current risk policyholders current surpluses would be used to bear the cost of claims on policy contracts no longer active; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion shall sponsor and support legislation to amend sections 721 and 757 of chapter 19, title 38, United States Code, to provide that extra hazard determinations of the Administrator of Veterans Affairs shall be, except for fraud, final and conclusive unless reviewed within two years after the date of his original determination.

was

Whereas, The right of World War II veterans to Service life insurance purchase National abruptly discontinued on April 25, 1951, and Korean veterans were given only 120 days after separation in which to apply for insurance; and Whereas, It would be simple justice to make National Service life insurance available to those veterans of World War II and the Korean War who for one reason or another were not in position to a take advantage of previous opportunities; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion shall continue support of legislation to authorize issuance upon application within one year after date of approval, or after a date to be specified in the act, of National Service life insurance, to insurable and service-disabled veterans of service between inclusive dates of December 7, 1941, and September 2, 1945, and of June 27, 1950, and July 27, 1953, under policies which provide for a premium charge which will cover administrative costs.

No. 446 (Massachusetts)-Whereas, The American Legion has long advocated that war veterans convert their term policies of government life insurance to permanent plans; and

Whereas, The modified life plan would provide a new permanent plan of National Service life insurance and policyholders would be permitted to convert their term insurance to or exchange their permanent plan insurance for such new plan of National Service life insurance; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion shall continue its support of legislation to amend title 38, United States Code, to provide a modified life plan of National Service life insurance.

Armed Forces Review Boards

No. 516 (District of Columbia)-Whereas, Most military law and regulations are based on the premise that a volunteer enlistee enters into a contract with the federal govenrment under the terms of which he waives constitutional rights afforded the nonservice individuals; and

Whereas, Such a premise is not warranted not only because it is questionable that such rights may ever be waived, but also because since World War I a large majority of those who have served in the armed services have been drafted therein by boards consisting of civilians from their own communities; and

Whereas, Each of the armed services has established boards for the Review of Discharges and Dismissals, constituted and functioning under the authority of 10 USC 1553 implemented, in each service, by its own regulations and instructions; and

Whereas, Studies by the National Rehabilitation Commission show that these boards accomplish some good, but that due to this lack of uniformity in the rules and regulations, the different interpretations of the law and the divergence in decisions reached from board to board in the separate services and in each of the services, inconsistent and variable dispositions of appeals to said boards result; and

Whereas, Because of the foregoing, it is the consensus of The American Legion that a board of civilians, completely free of the influence of the service departments, should review those discharges of armed forces personnel issued under conditions of less than full honorable; now, therefore, be it

Resolved, by The American Legion in national convention assembled in Dallas, Texas, September 22-24, 1964, That The American Legion shall sponsor and support legislation to create an independent board, consisting solely of civilians, to be appointed by the President, for the purpose of reviewing, on its own motion or upon request of the former member of the armed services, or his spouse, next of kin, or representative, all discharges less than honorable from military, naval or air service, with full authority to replace any other than an honorable discharge, no matter under what circumstances issued, with any type of discharge it may, in the exercise of its discretion, deem to be just and proper, and that such board shall be responsible to the President only and free of any affiliation with any existing governmental department or agency.

CONSOLIDATED RESOLUTIONS

No. 35 (Kentucky) covers No. 415 (Minnesota). No. 127 (Ohio) covers Nos. 242 (Mississippi), 383 (Illinois), 437 (West Virginia) and 598 (Virginia).

No. 183 (Rhode Island) covers No. 445 (Massachusetts) and No. 611 (Virginia).

No. 386 (Illinois) covers No. 30 (North Carolina), 48 (Florida), 124 (Ohio), 125 (Ohio), 176 (Nebraska), 179 (Rhode Island), 181 (Rhode Is

land), 323 (Pennsylvania), 330 (Kansas), 345

(Indiana), 409 (Minnesota), 475 (Michigan), 510 (New York), 544 (Texas), 568 (Washington), 615 (Iowa), 638 (New Jersey).

No. 407 (Minnesota), covers No. 290 (Arkansas), 454 (Arizona), 455 (Arizona), and 546 (Texas). No. 569 (Washington) covers No. 182 (Rhode Island), 411 (Minnesota), and 610 (Virginia).

No. 571 (Washington) covers No. 38 (Kentucky), 168 (Oregon), 387 (Illinois), 414 (Minnesota) and 456 (Arizona).

No. 596 (Virginia) covers No. 126 (Ohio), 185 (Rhode Island), and 584 (Oklahoma).

No. 617 (Alabama) covers No. 431 (West Virginia), 459 (Arizona), 547 (Texas), and 600 (Virginia).

REFERRED RESOLUTIONS

No. 27 (New

Policy

Hampshire)-Provide Veterans Benefits to U. S. Armed Forces Serving in Vietnam Theater of Operations or Who Have Received the Expeditionary Medal.

No. 37 (Kentucky)-Support Legislation to Amend section 3503 of title 38, United States Code, pertaining to Forfeiture of Veterans Benefits for Fraud.

No. 123 (Ohio)-G. I. Bill Education or Training Provisions for Those Now Entering Active Service.

No. 149 (Hawaii)-Enact Legislation to Provide Equality of Benefits for Military Personnel Assigned in Areas of Armed Conflict.

No. 223 (California)-Medal for American Legion Sponsored Youth Groups Who Participate in Veterans Administration Voluntary Service Program.

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