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PENSIONS AND RETIRED PAY FOR

PEACETIME VETERANS

HEARINGS

BEFORE THE

COMMITTEE ON INVALID PENSIONS HOUSE OF REPRESENTATIVES

SEVENTY-SIXTH CONGRESS

THIRD SESSION

ON

H. R. 2765

A BILL TO REMOVE DISCRIMINATIONS AGAINST DISABLED
RETIRED ENLISTED MEN OF THE ARMY, NAVY,
MARINE CORPS, AND COAST GUARD
WHO SERVED IN WAR

240652

MARCH 28, 1940

Printed for the use of the Committee on Invalid Pensions

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1940

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REGULAR ESTABLISHMENT—DISABILITY PENSIONS AND RETIRED PAY FOR PEACETIME VETERANS

THURSDAY, MARCH 28, 1940

HOUSE OF REPRESENTATIVES,
COMMITTEE ON INVALID PENSIONS,

Washington, D. C.

The committee met at 10 a. m., Hon. John Lesinski (chairman) presiding.

The CHAIRMAN. The purpose is to hold hearings on H. R. 2765, which is as follows:

[H. R. 2765, 76TH Cong. 1st sess.]

A BILL To remove discriminations against disabled retired enlisted men of the Army, Navy, Marine Corps, and Coast Guard who served in war.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That retired enlisted men of the Army, Navy, Marine Corps, and Coast Guard who are disabled as a result of service in war or who may be entitled to pension under existing law shall hereafter be granted compensation or pension under Veterans' Administration laws on parity with other war veterans: Provided, That pension or compensation shall not be awarded to any retired enlisted men at a rate in excess of an amount which when combined with his retired pay makes a total from both sources of $100 per month. SEC. 2. All acts and/or parts of acts in conflict with the provisions of this act are hereby repealed.

The CHAIRMAN. I have reports from the Secretary of War, Acting Secretary of the Navy, and the Administrator of Veterans' Affairs, which I will place in the record at this point.

Hon. JOHN LESINSKI,

Chairman, Committee on Invalid Pensions,

WAR DEPARTMENT, Washington, March 27, 1940.

House of Representatives.

DEAR MR. LESINSKI: In compliance with the request contained in your letter of February 9, the War Department submits this report on H. R. 2765, Seventysixth Congress, first session.

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The bill entitled, "To remove discriminations against disabled retired enlisted men of the Army, Navy, Marine Corps, and Coast Guard who served in war,' appears to be designed to authorize payment of pension or compensation by the Veterans' Administration to a retired enlisted man who is receiving retirement pay, the total combined compensation not to exceed $100 per month.

If enacted into law, the bill would have the effect of repealing in part the act of March 3, 1891 (26 Stat. 1082; 38 U. S. C. 26), which prescribes that no pension shall be allowed or paid to any officer, noncommissioned officer, or private in the Army, Navy, or Marine Corps of the United States, either on the active or retired list.

Under laws governing the Army, enlisted men may be placed upon the retired list after 30 years' service (act of March 2, 1907, 34 Stat. 1217). Enlisted men of less than 30 years' service, disabled in active service, are not retired. They are entitled to apply for pensions for service-connected disabilities under the laws administered by the Veterans' Administration.

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