(a) Transport.-Regularly attached to a transport or cargo vessel for one voyage across the North Atlantic between Apr. 6, 1917, and Nov. 11, 1918.

(b) Escort.-Same as (a) above.

(c) Armed guard.-Same as (a) above.

(d) Grand fleet.-Regularly attached to any vessel forming part of the Grand Fleet between Dec. 9, 1917, and Nov. 11, 1918.

(e) Patrol. For service on the high seas on such duty east of the thirty-seventh meridian and north of the Equator, between Apr. 6, 1917, and Nov. 11, 1918, and on the high seas of the Atlantic Ocean north of the Equator between May 25, 1918, and Nov. 11, 1918.

(f) Submarine.-Same as (e) above.
(g) Destroyer.-Same as (e) above.
(h) Aviation.-Same as (e) above.

(i) Naval battery.-For service on such duty from July 10, 1918, to Nov. 11, 1918.

(j) White Sea. For service on any vessel which made a Russian port during such service from Apr. 6, 1917, to Nov. 11, 1918, or any combatant ship in a Russian port on the White Sea not less than 10 days from Nov. 12, 1918 to July 31, 1919.

(k) Asiatic. For service on any vessel which made a Siberian port during such service from Apr. 6, 1917, to Nov. 11, 1918, or any combatant ship in a Siberian port not less than 10 days from Nov. 12, 1918, to Mar. 30, 1920.

(1) Mine laying.-For service on such duty from May 26, 1918, to Nov. 11, 1918.

(m) Mine sweeping.-For service on such duty from Apr. 6, 1917, until mine sweeping is completed.

(n) Salvage.-For service on such duty from Apr. 6, 1917, to Nov. 11, 1918.

(0) Atlantic Fleet.-For service on such duty from May 25, 1918, to Nov. 11, 1918.

(p) Overseas. For service on shore in allied or enemy countries of Europe from Apr. 6, 1917, to Nov. 11, 1918.

(q) Mobile base. For service on tenders and repair vessels on such duty east of the thirty-seventh meridian and north of the Equator between Apr. 6, 1917, to Nov. 11, 1918.

(r) Submarine chasers.-For service on the high seas on such duty east of the thirty-seventh meridian and north of the Equator between Apr. 6, 1917, and Nov. 11, 1918, and on the high seas of the Atlantic Ocean north of the Equator between May 25, 1918, and Nov. 11, 1918. (s) Battle clasps. For service in the following specified major operations, one for service in each such operation:

(1) Aisne, June 1, 1918, to June 5, 1918.

(2) Aisne-Marne, July 18, 1918, to July 20, 1918.
(3) St. Mihiel, Sept. 12, 1918, to Sept. 16, 1918.

(4) Meuse-Argonne, Sept. 29, 1918, to Oct. 10, 1918; Oct. 21. 1918, to Oct. 22, 1918; Oct. 25, 1918, to Nov. 11, 1918. (Only one Meuse-Argonne battle clasp to an individual.)

Defensive sector clasp.-For service, irrespective of awards for major operations, one only being awarded, notwithstanding that service may have been rendered in more than one defensive sector:

(1) Toulon-Troyon sector (Lorraine), Mar. 18, 1918, to May 13, 1918.

(2) Chateau-Thierry sector (Ile de France), June 6, 1918, to July 16, 1918.

(3) Marbache sector (Lorraine), Aug. 6, 1918, to Aug. 16, 1918.

(4) Limey sector (Lorraine), Sept. 10, 1918, Sept. 11, 1918. (t) West Indies.-A clasp inscribed "West Indies" is authorized to be worn on the ribbon of the Victory medal by all persons in the naval service who served in Haiti, Santo Domingo, Cuba, or the Virgin Islands between Apr. 6, 1917, and Nov. 11, 1918, both dates inclusive. This does not modify the existing order that no one will be entitled to more than one clasp issued by the Navy Department for the Victory medal.

(u) Russia. -For service on shore in Northern Russia from Nov. 12, 1918, to July 31, 1919.

(v) Siberia. For service on shore in Siberia from Nov. 12, 1918, to Mar. 30, 1920.

(3) A bronze star three-sixteenths of an inch in diameter will be placed on the service ribbon in lieu of clasp authorized. When any person has been commended as the result of the recommendation of the board of awards by the Secretary of the Navy for performance of duty not justifying the award of a medal of honor, a distinguishedservice medal, or a Navy cross, he shall wear a silver star for each such citation.

(4) A bronze Maltese cross, three-sixteenths of an inch in diameter, will be placed on the service ribbon for those officers and men of the Marine Corps and Medical Corps, United States Navy, who were attached to the American Expeditionary Forces in France any time between Apr. 6, 1917, and Nov. 11, 1918, and who are not entitled to any battle clasp provided for by General Order No. 83, War Department, June 30, 1919. (Par. A-1025. Id.)

Second Nicaraguan Campaign Medal.—(1) To commemorate the services performed by the personnel of the Navy and Marine Corps during the operations in Nicaragua between Aug. 27, 1926, and Mar. 31, 1930, a campaign medal to be known as the second Nicaraguan campaign medal will be issued to the officers and enlisted men who participated in those operations.

(2) The award will be made to the officers and enlisted men of the Navy and Marine Corps who served on shore in Nicaragua between the dates mentioned, and to the officers and enlisted men who were attached to and serving on board certain vessels between certain dates. No officer or enlisted man is entitled to more than one such campaign medal. (Par. A-1026. Id.)

Yangtze Service Medal.-(1) To commemorate the services performed by the personnel of the Navy and Marine Corps during the operations in the valley of the Yangtze River, China, in 1926 and in 1927 and 1930 and 1931, a medal to be known as the Yangtze service medal will be issued to the officers and enlisted men who participated in those operations.

(2) The period for which these medals will be issued is from Sept. 3, 1926, to Oct. 21, 1927, and from Mar. 1, 1930, to Apr. 22, 1931, and any officer or enlisted man of the Navy or Marine Corps who served on shore at Shanghai or in the valley of the Yangtze River, China, with a landing force, during this period, or part of such period, is entitled to this medal, as are the officers and enlisted men who were attached to and serving on board certain vessels between certain dates. No officer or enlisted man is entitled to more than one such medal. Id.) (Par. A-1027.

Sec.

1401.1. Same; as provided by Vets. Reg. No. 11. [New.]

1401. Files, records, etc., confidential and privileged.

NOTES OF DECISIONS

See section 1401.1 for revised provisions of R. & P. cited under this section.

Veterans' Bureau records.—Containing information concerning physical condition of World War veterans are public or quasi public documents. (Chytracek v. U. S. (D. C. Minn. 1932) 60 Fed. 2 (d) 325.)

Process.-"Process", as used in statute, providing for disclosure of records of Veterans' Bureau, is merely a formal writing issued by authority of law. (Massey v. U. S. (D. C. Wash. 1930) 46 Fed. 2 (d) 78.)

To warrant disclosure of contents of records of Veterans' Bureau under process of federal court, must have been lawfully issued. (Stout v. U. 8. (D. C. Mo. 1928) 51 Fed. 2 (d) 815.)

Inspection of records.-Plaintiff in action against government on claim arising under Veterans' Act could before trial demand inspection of records in possession of Veterans' Bureau relative to claim, where issue had been made. (Massey v. U. S. (D. C. Wash. 1930) 46 Fed. 2 (d) 78.)

In action on war risk insurance policy, plaintiff held entitled to inspection of Veterans' Bureau records in advance of trial. (Seattle Title Trust Co. v. U. S. (D. C. Wash, 1931) 49 Fed. 2 (d) 818.)

Inspection of files and records which amounts merely to "fishing expedition" should not be permitted. (Tierney v. U. S. (D. C. Minn. 1931) 51 Fed. 2 (d) 816.)

Statute held to contemplate insured World War veteran may be permitted access to records of bureau, if not deemed injurious to health. (Third Nat. Bank & Trust Co. v. U. S. (C. C. A. Ohio, 1931) 53 Fed. 2 (d) 599.)

In action on war risk policy, refusal of motion in advance of trial to compel Veterans' Bureau to allow inspection of Bureau's records held not prejudicial error, where records were produced at trial and no prejudice was shown. (Milleson v. U. S. (C. C. A. Mo. 1935) 78 Fed. 2 (d) 60.)

Veterans' Bureau records concerning physical condition of World War veterans may be withheld from public inspection by statutes or by executive officer. (Chytracek v. U. S. (D. C. Minn. 1932) 60 Fed. 2 (d) 325.)

World War veteran suing on war risk insurance policy held entitled to reasonable inspection of Veterans' Bureau records concerning his physical condition. (Id.)

Disclosure.-Statute relating to disclosure of contents of records of Veterans' Bureau held not to give federal court power not theretofore possessed. (Stout v. U. 8. (D. C. Mo. 1928) 51 Fed. 2 (d) 815.)

Statute authorizing disclosure of contents of records of Veterans' Bureau under certain circumstances held not to enlarge powers of District Court in matter of compelling production of records, etc. (Tierney v. U. S. (D. C. Minn. 1931) 51 Fed. 2 (d) 816.)

Production.-Federal court in actions involving World War veterans' claims held without authority, on plaintiffs' motion, to compel production of papers and documents before trial, constituting records of Veterans' Bureau. (Stout v. U. S. (D. C. Mo. 1928) 51 Fed. 2 (d) 815.)

Ordinarily, before court grants motion requiring production of record, determination of pertinency of evidence must be made upon proofs offered by moving party, but not when pertinency appears on face of pleadings.

In action on war risk policy, question at issue being same as determined in bureau, held, upon motion for production of record of bureau, it was to be presumed facts upon which bureau acted were pertinent to issue.

In action on war risk policy, court may compel production of claimant's record in bureau for his examination in advance of trial.

In action on war risk policy, refusing motion, in advance of trial, to compel production of bureau's record held not prejudicial, where record was produced at trial and no prejudice was shown. (Third Nat. Bank & Trust Co. v. U. S. (C. C. A. Ohio, 1931) 53 Fed 2 (d) 599.)

1401.1. Same; as provided by Vets. Reg. No. 11.I. All files, records, reports and other papers and documents pertaining to any claim, whether pending or adjudicated, shall be deemed confidential and privileged, and no disclosure thereof shall be made except as follows:

(a) To a claimant or his duly authorized agent or representative as to matters concerning himself alone when, in the judgment of the Administrator of Veterans' Affairs, such disclosure would not be injurious to the physical or mental health of the claimant;

(b) When required by process of a United States Court to be produced in any suit or proceeding therein pending or when such production is deemed by the Administrator of Veterans' Affairs to be necessary in any suit or proceeding brought under the World War Veterans' Act 1924, as amended;

(c) When required by any Department or other agency of the United States Government;

(d) In all proceedings in the nature of an inquest into the mental competency of a claimant;

(e) In any judicial proceedings when in the judgment of the Administrator of Veterans' Affairs such disclosure is deemed necessary and proper;

(f) The amount of pension of any beneficiary shall be made known to any person who applies for such information and the Administrator, with the approval of the President, upon determination that the public interest warrants or requires, may, at any time and in any manner, publish any or all information of record pertaining to any claim;

(g) The Administrator of Veterans' Affairs in his discretion may authorize an inspection of Veterans' Administration records by duly authorized representatives of recognized organizations.

II. Any person desiring a copy of any record, paper, etc., in the custody of the Veterans' Administration, which may be disclosed under the above provisions, must make written application for same to the Veterans' Administration, stating specifically:

(1) The particular record, paper, etc., a copy of which is desired and whether certified or uncertified;

(2) The purpose for which such copy is desired to be used.

The Administrator of Veterans' Affairs is authorized to fix a schedule of fees for copies and certifications. of such records. (March 31, 1933, Ex. O. 6099.)

HISTORICAL NOTE

This is Vets. Reg. No. 11.

NOTES OF DECISIONS

Disclosure in general.-Files, records, reports, and other papers and documents pertaining to any claim filed with the Vets. Adm. whether pending or adjudicated, will be deemed confidential and privileged and no disclosure thereof will be made except in accordance with the provisions of Vets. Reg. No. 11 and interpretations thereof. (R. & P. 5585, 7-12-35.)

Military record. (A) 1. Information received by the Vets. Adm. from the War and Navy Departments relative to the military service of a claimant is furnished solely for the official use of the Vets. Adm., and such information may be disclosed to the claimant or his duly authorized representative, if such disclosure will not be injurious to the physical and mental health of the claimant, only when such information is to be used by the claimant or his duly authorized representative in connection with his claim pending before the Vets. Adm. (Id.)

2. When requests for information concerning the military service of a claimant are received from any person other than the claimant himself, or his duly authorized representative, the applicant will be advised that such information is furnished the Vets. Adm. by the War and Navy Departments for official use only, and, therefore, may not be released by the Vets. Adm. except to the claimant or his duly authorized representative. The applicant will also be advised that his application for the information requested should be made direct to the War Department, if the veteran served in the U. S. Army; or to the Navy Department, if the veteran served in the U. S. Navy, or U. S. Marine Corps, or to the Coast Guard, Treasury Department, if the veteran served in the U. S. Coast Guard, or the U. S. Revenue Cutter Service. (Id.)

Disclosure to claimants and concerning payments.-Disclosures of information from the files, records, reports, and other papers and documents, pertaining to claims filed with the Vets. Adm. shall be made by the regional office or facility having possession of the case file:

(A) To a claimant or his duly authorized representative, as to matters concerning himself alone when such disclosure would not be injurious to the physical or mental health of the claimant.

(R. &

(B) The amount of pension or compensation of any beneficiary shall be made known to any person who applies for such information. P. 5586, 7-12-35.)

Disclosure to courts in proceedings in the nature of an inquest.-The solicitor, chief attorneys, and managers of facilities are authorized to make disclosures to courts of competent jurisdiction of such files, records, reports, and other documents as are necessary and proper evidence in proceedings in the nature of an inquest into the mental competency of claimants and other proceedings incident to the appointment and discharge of guardians, and such officers are further authorized to make disclosure payments to guardians, curators, or conservators to any court having jurisdiction of such fiduciaries in all matters of appointment, discharge or accounting in such courts. (R. & P. 5587, 7-12-35.)

Disclosure in cases where incompetent claimants are charged with or convicted of criminal offenses.-(A) Where incompetent claimants are charged with, or convicted of, offenses other than those growing out of their relations with the Vets. Adm. and in which it is desired to disclose information from the files and records of the Vets. Adm. the chief attorney or the solicitor if he deems it necessary and proper, may disclose to the court having jurisdiction so much of the information from the files and records of the Vets. Adm. relating to the mental condition of such beneficiaries, the same to be available as evidence, as may be necessary to show the mental condition of the accused and the time of its onset. This provision, however, does not alter the general procedure herein stated for handling offenses growing out of relations with the Vets. Adm. (Id.)

Judicial proceedings generally.-Where suit has been threatened or instituted against the Government or a prosecution against a claimant has been instituted or is being contemplated, the request of the claimant or his duly authorized representative for information, documents, reports. etc., shall be acted upon by the solicitor or the chief attorney in whose custody the file may be, who shall determine the action to be taken with respect thereto.

In all other cases where copies of documents or records

are desired by or on behalf of parties to a suit, whether in a court of the U. S. or any other, such copies shall be furnished to the court

only, and on an order of the court or subpoena duces tecum addressed to the Adm. of Vets. Affairs or the manager of the station in which the records desired are located requesting the same. The determination as to the action to be taken upon any order received shall be made by the solicitor or the chief attorney for the station in which the records desired are located, who shall issue the recessary instructions in connection therewith.

(A) The address of a Vets. Adm. clainant as shown by Vets. Adm. files may be furnished to duly constituted police or court officials upon proper request and the submission of a certified copy either of the indictment returned against the claimant or of the warrant issued for his arrest. Requests for the address of a claimant for the purpose of aiding police authorities in locating some other person against whom an indictment has been returned or warrant issued shall be submitted with a full and complete statement of all the facts to the solicitor for determination of the action to be taken.

(B) Where the process of a United States court requires the production of documents or records (or copies thereof) contained in the Vets. Adm. file of a claimant, such documents or records (or copies) will be produced in the court out of which process has issued. Where original records are produced they must remain at all times in the custody of a representative of the Vets. Adm. and if offered and received in evidence permission should be obtained to substitute a copy so that the original may remain intact in the file. Where the subpoena is issued on praecipe of a party litigant other than the United States such party litigant must prepay the cost of copies in accordance with fees prescribed by paragraph 5598 and any other costs incident to production.

(C) Where copies of documents or records are requested by the process of any state or municipal court, the process when presented must be accompanied either by authority from the claimant concerned to comply therewith or by an affidavit of the attorney of the party securing the same, setting forth the character of the pending suit, and the purpose for which the documents or records sought are to be used as evidence, and if adversely to the claimant, information from which it may be determined whether the furnishing of the records sought is necessary to prevent the perpetration of a fraud or other injustice. Where the process received is accompanied by authorization of the claimant to comply therewith, copies of the records requested shall be furnished to the court upon the payment of the prescribed fee by the party who caused the process to be issued. Where the process shows that the records are to be used adversely to the claimant the averments contained in the affidavit shall be considered in connection with the facts shown by the claimant's file, and if such consideration shows the disclosure of the records is necessary and proper to prevent a fraud or other injustice the records requested shall be furnished in response to the court's process upon the payment of the fee as prescribed by the schedule of fees by the party who caused the process to be issued. Otherwise the court shall be advised that Vets. Adm. records are made confidential and privileged by Vets. Reg. No. 11, promulgated by the President March 31, 1933, and R. and P. 5585. Where the process received requests the production of the complete Vets. Adm. file of a claimant and compliance is deemed necessary and proper under this paragraph, no expense to the Vets. Adm. may be involved in complying therewith and arrangements must be made with the attorney of the party causing issuance of the process to insure the submission of the file to the court without expense to the Vets. Adm. The file must remain at all times in the custody of a representative of the Vets Adm., and if there is an offer and admission of any record or document contained therein, permission should be obtained to substitute a copy so that the original may remain intact in the file.

Requests received from attorneys or others for copies of records for use in suits in which the Government is not involved, not accompanied by a subpoena or court order will be handled by the service having jurisdiction over the subject matter. If the request is such as can be complied with under R. and P. 5586 the records requested will be furnished upon receipt of the required fee. If, however, the records cannot be furnished under such paragraph the applicant will be advised of the procedure to obtain copies of records for court use as set forth above. (R. & P. 5588, 7-12-35.)

Disclosure prejudicial to mental or physical health of claimant.— Determination of the question when disclosure of information from the files, records, reports, etc., will be prejudicial to the mental or physical health of the claimant, will be made by the medical director, central office; or the chief medical officer in the regional office or facility having regional office activities; or the manager in other facilities. (R. & P. 5589, 7-12-35.)

Persons authorized to represent claimant.-A duly authorized representative will be any per son authorized in writing by the claimant to act for him, or his legally constituted fiduciary, if the claimant is incompetent. Where for proper reasons no legally constituted fiduciary has been or will be appointed, his wife, his children, or if the claimant is unmarried, either of lais parents, shall be recognized as the fiduciary of the claimant. Such authorization must indicate the nature of the information desired and the purpose for which it is to be used.