Amend section 2 to provide a minimum of 3 years' service. Insert 90 days after first proviso, section 2, first sentence. Eliminate time requirement in the second sentence of section 2. This section should include a provision that retirement pension will not be granted in any case where the man was dishonorably discharged for the last period of service upon which retirement is being determined. The official records shall not be conclusive but the claimant shall be permitted to submit rebuttal evidence or be able to submit evidence to show the termination of enlistment was because of disability incurred in line of duty. Be certain that entitlement to retirement pension is provided for cases where at the expiration of enlistment the man was disabled, not discharged or separated on account of such disability so far as the record is concerned, and he did not apply for reenlistment. Amend section 3 so that the greater benefit will be paid at any time where there is entitlement under both sections. Make such changes in section 4 as will be necessary to conform with the changes in section 1. Include in the bill amendment to the eligibility provisions of general law applying to service before April 21, 1898, and under part II, Veterans' Regulation No. 1 (a), as amended, to include presumption of service connection for chronic diseases as provided in paragraph 1 (c) of part I of Veterans' Regulation No. 1 (a), as amended. This is not a substitution but an additional provision for eligibility. Provision in the bill to include a repeal of paragraph 10, Veterans' Regulation No. 10, as amended. Place provision in the bill that there shall be no reduction in cases of hospitalized or domiciled single men without dependents; to apply to both war veterans and Regular Establishment. Accomplish this purpose without specifying the single man without dependents in the language of the provision. As a result of this conference the bill was drafted in final form and explanation prepared which is submitted in a separate folder properly identified. Under date of November 25, 1935, this office was in receipt of a letter directed to the Administrator dated November 21, 1935, from Mr. Johnson wherein he stated that any recommendations he had been invited to submit or which had been submitted on behalf of the sick and maimed of the regular armed forces of the United States are repudiated. Mr. Johnson has been advised in response to that letter under date of November 27, 1935, that the draft and explanation had been prepared in final form and are available for consideration upon request to the office of the Solicitor. Nevertheless, it is believed that in order to complete the submission, that the program of the Regular Veterans Association as presented by Mr. Johnson should be made a part thereof. In view of the fact that the program might be modified or withdrawn entirely, the study is submitted without an estimate of cost. However, a draft of the bill and explanation thereof were forwarded to the executive assistant to the Administrator under date of December 4, 1935, requesting that the cost be estimated and that a report be made to this office at the earliest practicable date. CONCLUSIONS The foregoing material is submitted without recommendation as to merits, the endeavor being to present full facts regarding the eligibility and rates of benefits available to the group involved and a complete statement concerning any phases of benefits which are considered material to the study. As you will note, there are inconsistencies in the plan of relief now afforded. You may desire to effect some coordination with the departments involved, and you may also desire to have your principal assistants submit their ideas on the subject before your discussion with the President. Further action on the part of my office awaits your instructions. JAMES T. BRADY. for a longer period than 2 years (14 U. S. C. 178). Under such regulations as the Secretary of the Treasury may prescribe, he is authorized to make special temporary enlistments in the Coast Guard. No person shall be entitled to retirement because of his temporary enlistment (14 U. S. C. 206). When a retiring board finds that an enlisted man is incapacitated for active service, and that his incapacity is the result of an incident of service, or is due to the infirmities of age or physical or mental disability, and not his own vicious habits, and such decision is approved by the President, he shall be retired from active service and placed upon a retired list. Enlisted men thus retired may be assigned to such duties as they may be able to perform, in the discretion of the Secretary of the Treasury (14 U. S. C. 169). All enlisted men borne upon the retired list prior to April 12, 1902, or thereafter, shall receive 75 percent of the duty pay, salary, and increase of the rank upon which they have been or may be retired (14 U. S. C. 167). For convenience there has been prepared and attached as exhibit No. 7 a comparative table of retirement, pension, and disability compensation laws applying to enlisted men and nurses of the Regular Army, Navy, Marine Corps, Coast Guard, and civil employees of the United States Government. RECOMMENDATIONS OF THE REGULAR VETERANS' ASSOCIATION In addition to letters from individuals concerning Regular Establishment rates, Walter Johnson, national commander of the Regular Veterans' Association, forwarded communications to the President and to the Administrator, emphasizing the need for changes in the existing laws with reference to the group he represents. Under date of October 19, 1935, Mr. Johnson met with me and representatives of this office concerning the desires of the Regular Veterans' Association with reference to proposed changes. At that time Mr. Johnson agreed to a plan whereby he would state definitely the changes proposed and that this office would cooperate with him and arrange their program in the form of a bill, this being considered the clearest method of presentation. As the result, Mr. Johnson dictated the following request: "Retirement for the men of the Regular Army, Navy, and Marine Corps (not the Coast Guard): That they shall be given a pension equal to three-fourths of the pay of their rating at the time of separation from the service because of disability; that there shall also be a pension rate based on rated degree of disability equal to the highest pension payable to World War veterans either under Public, No. 2, and Veterans' Regulations or Public, No. 141, now paid to the so-called World War veterans and that the officers and enlisted men shall be permitted to select whether they shall be pensioned according to rated degree of disability or be retired at three-fourths pay. "That pensions for widows, children, and dependent parents of officers and enlisted men in the Regular Establishment shall be the same as those provided for men who have lost their lives or died because of disability incurred during the war period. "In this connection it is desired to include for widows and orphans of enlisted men and officers of the Regular Establishment the same provisions as are now applicable to World War veterans, widows, and orphans under Public, No. 484, Seventy-fourth Congress. It is not my intention to go beyond the benefits now provided for World War service insofar as pensions go." A draft of a proposed bill and explanation thereof were prepared and Mr. Johnson reviewed both with the result that under date of November 2, 1935, he requested certain changes, which are briefed as follows: Section 1 to be revised to authorize 80 percent of the wartime rates instead of the full rate except that if disability resulted from injury received in line of duty in actual combat in military or naval expedition or occupation the rate shall be 100 percent. Section 1 to be revised to authorize the payment of pension to members of the Revenue Cutter Service and Life Saving Service, later the Coast Guard, both under subsections (a) and (b), section 1 of the bill. Provision in the bill in no case will the amount of pension being received at the date of passage of the proposed act be reduced, except for fraud, mistake, or error. In section 1 (b) amend the language to include paragraph 1 (c) of part II, Veterans' Regulation No. 1 (a), as amended. For those who served prior to April 21, 1898, add "campaign" to "expedition or military occupation," and add "the Navy" to "military.' Amend section 1 (b) to insert after "other than in a period of war service" language which will except Indian wars. Amend section 2 to provide a minimum of 3 years' service. Eliminate time requirement in the second sentence of section 2. This section should include a provision that retirement pension will not be granted in any case where the man was dishonorably discharged for the last period of service upon which retirement is being determined. The official records shall not be conclusive but the claimant shall be permitted to submit rebuttal evidence or be able to submit evidence to show the termination of enlistment was because of disability incurred in line of duty. Be certain that entitlement to retirement pension is provided for cases where at the expiration of enlistment the man was disabled, not discharged or separated on account of such disability so far as the record is concerned, and he did not apply for reenlistment. Amend section 3 so that the greater benefit will be paid at any time where there is entitlement under both sections. Make such changes in section 4 as will be necessary to conform with the changes in section 1. Include in the bill amendment to the eligibility provisions of general law applying to service before April 21, 1898, and under part II, Veterans' Regulation No. 1 (a), as amended, to include presumption of service connection for chronic diseases as provided in paragraph 1 (c) of part I of Veterans' Regulation No. 1 (a), as amended. This is not a substitution but an additional provision for eligibility. Provision in the bill to include a repeal of paragraph 10, Veterans' Regulation No. 10, as amended. Place provision in the bill that there shall be no reduction in cases of hospitalized or domiciled single men without dependents; to apply to both war veterans and Regular Establishment. Accomplish this purpose without specifying the single man without dependents in the language of the provision. As a result of this conference the bill was drafted in final form and explanation prepared which is submitted in a separate folder properly identified. Under date of November 25, 1935, this office was in receipt of a letter directed to the Administrator dated November 21, 1935, from Mr. Johnson wherein he stated that any recommendations he had been invited to submit or which had been submitted on behalf of the sick and maimed of the regular armed forces of the United States are repudiated. Mr. Johnson has been advised in response to that letter under date of November 27, 1935, that the draft and explanation had been prepared in final form and are available for consideration upon request to the office of the Solicitor. Nevertheless, it is believed that in order to complete the submission, that the program of the Regular Veterans Association as presented by Mr. Johnson should be made a part thereof. In view of the fact that the program might be modified or withdrawn entirely, the study is submitted without an estimate of cost. However, a draft of the bill and explanation thereof were forwarded to the executive assistant to the Administrator under date of December 4, 1935, requesting that the cost be estimated and that a report be made to this office at the earliest practicable date. CONCLUSIONS The foregoing material is submitted without recommendation as to merits, the endeavor being to present full facts regarding the eligibility and rates of benefits available to the group involved and a complete statement concerning any phases of benefits which are considered material to the study. As you will note, there are inconsistencies in the plan of relief now afforded. You may desire to effect some coordination with the departments involved, and you may also desire to have your principal assistants submit their ideas on the subject before your discussion with the President. Further action on the part of my office awaits your instructions. JAMES T. BRADY. |