Page images
PDF
EPUB

R. 6767, 82d Congress, which were pending before your committee at the close of that Congress. This bill is identical with H. R. 1944 and H. R. 6767. With respect to H. R. 309, H. R. 1290, and H. R. 2472, the Veterans' Administration submitted reports to your committee under dates of February 6, 1951 (Committee Print No. 18), February 12, 1951 (Committee Print No. 22), and March 28, 1951 (Committee Print No. 79), respectively.

Veterans of the Mexican border service are entitled to all benefits prescribed by law for former members of the Regular Establishment or, as they are sometimes called, peacetime veterans. It is felt that a brief reference to the benefits now available to such veterans and their dependents, and the additional benefits which would be afforded by the proposed legislation, would be helpful to the committee in considering the bill's complete effect.

Present benefits include compensation at peacetime rates for disability resulting from personal injury or disease contracted in line of duty or for aggravation of a preexisting injury or disease contracted or suffered in line of duty and not the result of the person's own misconduct. Compensation at peacetime rates is also payable to dependents on account of the death of such veterans from service-connected causes. Compensation is payable at wartime rates for disability incurred in line of duty as a result of armed conflict or extrahazardous service, including such service under conditions simulating war, and for death from such disability. Veterans entitled to compensation at wartime or peacetime rates are entitled to additional compensation for dependents if their service-connected disability is rated at not less than 50 percent.

Veterans of the Mexican border service who were discharged for disability incurred in line of duty or who are in receipt of compensation for service-connected disability, are also entitled on the basis of such disability, to other benefits, such as hospital treatment or domiciliary care, including medical treatment by the Veterans' Administration, such prosthetic appliances or aids for the blind as the Administrator of Veterans' Affairs may determine to be necessary, burial allowances, and a burial flag. Financial assistance is afforded certain veterans in acquiring specially adapted housing which they require on account of permanent and total service-connected disability due to certain conditions. Preference in Federal civilian employment is also granted under the Veterans' Preference Act of 1944 (58 Stat. 387), as amended (5 U. S. C. 851 et seq.), to veterans who served during a campaign or expedition for which a campaign badge has been authorized, or who have established the existence of a service-connected disability, or are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the Veterans' Administration or service departments. Preference is also extended under certain circumstances to wives, unremarried widows, and mothers of such veterans. In connection with such preference in employment, it should be noted that the Departments of the Army and Navy have authorized issuance of a Mexican service medal to personnel of the respective services who meet the necessary service requirements.

Another benefit afforded to members of the Mexican border service concerns entitlement to and preferences in the acquisition of public lands. Such veterans who have served 90 days or more and have been

honorably discharged or discharged for service-incurred disability from such service, are entitled to certain public lands under the homestead laws of the United States (43 U. S. Č. 271, 272, 272a). In accordance with laws administered by the Department of the Army, veterans encompassed by the bill, and certain of their dependents, are eligible to be buried in a national cemetery and to be furnished headstones or grave markers. In addition, retired pay is authorized for eligible servicemen under laws administered by the service departments.

H. R. 2137, if enacted, would extend to veterans of the Mexican border service as described in the bill, and certain of their dependents, the following additional privileges, rights, and benefits presently being furnished veterans of World War I and their dependents:

(a) Hospitalization or domiciliary care for any such veteran discharged under conditions other than dishonorable, within the limitations of existing Veterans' Administration facilities, irrespective of whether the disability or disease was due to service, provided the veteran is unable to defray the necessary expenses thereof.

(b) In the event of death after discharge, provision is made for the payment of burial and funeral expenses of the veteran, provided he was discharged under conditions other than dishonorable, not to exceed $150. In addition, a burial flag is furnished to drape the casket of such veteran.

(c) Preference in Federal employment in accordance with the Veterans' Preference Act of 1944 would be extended to all persons who served in the Mexican border service within the prescribed period, and their dependents, on the same basis as war veterans and their dependents.

(d) Wartime rates for service-connected disability or death incurred under conditions other than those mentioned earlier in this report.

(e) Pension benefits to veterans for permanent and total non-serviceconnected disability and death pension benefits to dependents for death of veteran from non-service-connected causes.

In keeping with the policy of Congress to recognize the primary responsibility to veterans having service-connected disabilities, and their dependents, veterans encompassed by the bill and their dependents are presently entitled to compensation for service-connected disability or death, and at wartime rates under conditions mentioned earlier in this report. It has been the long-established general policy of the Congress, however, to restrict service pension to veterans of wars and dependents of war veterans. An exception to this policy was recently made by the act of May 11, 1951 (65 Stat. 40, 38 U. S. C. 745), under which pension benefits, among others, were extended to veterans of service on or after June 27, 1950, and prior to such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress, and to their dependents. Enactment of the subject bill would constitute a further exception to the general policy, since the service in question was not performed during a period of war, and would confer special benefits to a particular group of peacetime veterans and certain of their dependents to the exclusion of other peacetime veterans, including those who served in other campaigns, expeditions, and occupations. A list of such campaigns, expeditions, and occupations is set forth on pages 33 to 72 of the hearings on H. R. 1653 and H. R. 2073, 79th Congress, before the

House Committee on Invalid Pensions. Attention is also invited to the fact that by applying World War I pension criteria, the bill, if enacted, would grant to the unremarried widows and dependent children of veterans of the Mexican border service (peacetime veterans) pension benefits under more liberal eligibility criteria than that provided for such dependents of World War II veterans.

Enactment of the proposed legislation might serve as a precedent for requests for similar legislation on behalf of veterans of the Army, Navy, and Marine Corps who served in other campaigns, expeditions, or occupations, including servicemen of the occupation forces after World War I and World War II whose only service was rendered in other than a war period. Enactment of the bill might also serve as a precedent for requests for legislation liberalizing the requirements for eligibility for pension of the dependents of World War II veterans. It is believed, therefore, that the committee will desire to give careful consideration to the far-reaching effects of the proposed legislation.

The matter of conferring additional benefits upon veterans of the Mexican border service and their dependents as proposed by H. R. 2137, involves a question of broad public policy. It is the view of the Veterans' Administration that any revision of that policy is primarily for the consideration of, and determination by, the Congress. There are no records in the Veterans' Administration on which to base a worthwhile estimate of the cost of the proposed legislation. There is enclosed, however, a copy of a communication submitted by the Department of the Army on May 28, 1946, in connection with H. R. 2073, 79th Congress, which outlines generally the number of persons that served on the Mexican border in 1916 and 1917. Although these data are incomplete for estimate purposes, and do not cover all the persons within the purview of H. R. 2137, it is felt that they may be of interest to the committee in considering the subject bill.

Advice has been received from the Bureau of the Budget that enactment of this legislation would not be in accord with the program of the President.

Sincerely yours,

CARL R. GRAY, Jr.,
Administrator.

WAR DEPARTMENT,

THE ADJUTANT GENERAL'S OFFICE,
Washington 25, D. C., May 28, 1946.

Gen. OMAR N. BRADLEY, United States Army,

Administrator of Veterans' Affairs, Veterans' Administration,

Washington 25, D. C.

DEAR GENERAL BRADLEY: The Secretary of War has asked me to make further reply to your letter of May 13, 1946, receipt of which was acknowledged on May 21, 1946, requesting certain statistical information to assist you in preparing a report to the chairman of the House Committee on Invalid Pensions on H. R. 2073, 79th Congress, a bill to extend to the veterans of the Mexican border service of 1916 and 1917 and their widows all the provisions, privileges, rights, and benefits of laws enacted for the benefit of veterans of the SpanishAmerican War.

On page 13 of the Annual Report of the Secretary of War, dated November 30, 1916, the strength of troops in the southern department (Mexican border) as of August 31, 1916, is reported as 7,606 officers and 150,953 enlisted men. Of the above, 2,160 officers and 45,873 enlisted men were Regular Army troops. National Guard forces consisted of 5,446 officers and 105,080 enlisted men.

Strength reports, at different intervals in the period from May 31, 1916, to Mar. 31, 1917, inclusive, for the southern department, contain the following information relative to the Regular Army and the National Guard:

[blocks in formation]

Reserves are included in the statistics concerning the Regular Army.

From a report of the commanding general of the punitive expedition, dated May 1, 1917, it is indicated that 10,690 men of the Regular Army were in Mexico on February 4, 1917. No National Guard troops went across the border, but 2 regiments consisting of 2,265 men were assigned to the punitive expedition, according to this report. The total strength of the punitive expedition is shown as 483 officers and 10,927 enlisted men. However, strength returns of the southern department show the number of troops in the punitive expedition in Mexico as follows:

[blocks in formation]

On February 5, 1917, the entire forces of the punitive expedition crossed the United States and Mexico boundary.

I regret that it is impracticable for this Department at this time to make an estimate of the Regulars, Reserves, and National Guard men who served on the Mexican border during the period in question and served on through World War I; together with those who were discharged and resumed service in World War I, as well as those who had Mexican border service between the dates, May 9, 1916, and April 6, 1917, and were discharged and had no subsequent service. Trusting that this information will serve your purpose and with all good wishes, I am,

Sincerely yours,

EDWARD F. WHITSELL,
Major General,
The Adjutant General.

[No. 87]

COMMITTEE ON VETERANS' AFFAIRS, HOUSE OF REPRESENTATIVES
VETERANS' ADMINISTRATION,
Washington 25, D. C., June 5, 1953.

Hon. EDITH NOURSE ROGERS,
Chairman, Committee on Veterans' Affairs,

House of Representatives, Washington 25, D. C.

DEAR MRS. ROGERS: This is in reply to your request for a report by the Veterans' Administration of H. R. 2748, 83d Congress, a bill to provide certain benefits for persons who served in the Armed Forces of the United States in Mexico, or on its borders, during the period beginning December 8, 1910, and ending April 6, 1917, and for other purposes.

The purposes of the bill are to confer Spanish-American War veterans' benefits upon certain veterans of the Mexican border service who served 90 days or more during the period beginning December 8, 1910, and ending April 6, 1917, (1) in Mexico, (2) on the borders of Mexico, (3) in the waters adjacent to Mexico, or in any combination of the foregoing, and to grant widows and the children of such veterans the benefits available to widows and children of veterans of the Spanish-American War.

There have been introduced in the Congress over a number of years numerous bills designed to give veterans of the Mexican border service and certain of their dependents benefits which have been granted to veterans of war service and their dependents. The most recent examples are H. R. 309, H. R. 1290, H. R. 1944, H. R. 2472 and H. R. 6767, 82d Congress, which were pending before your committee at the close of that Congress. H. R. 2748 is identical with H. R. 2472, 82d Congress, with respect to which the Veterans' Administration submitted a report to your committee under date of March 28, 1951 (Committee Print No. 79).

Veterans of the Mexican border service are entitled to all benefits prescribed by law for former members of the Regular Establishment or, as they are sometimes called, peacetime veterans. It is felt that a brief reference to the benefits now available to such veterans and their dependents, and the additional benefits which would be afforded by the proposed legislation, would be helpful to the committee in considering the bill's complete effect.

Present benefits include compensation at peacetime rates for disability resulting from personal injury or diseases contracted in line of duty or for aggravation of a preexisting injury or disease contracted or suffered in line of duty and not the result of the person's own misconduct. Compensation at peacetime rates is also payable to dependents on account of the death of such veterans from serviceconnected causes. Compensation is payable at wartime rates for disability incurred in line of duty as a result of armed conflict or extrahazardous service, including such service under conditions simulating war, and for death from such disability. Veterans entitled to compensation at wartime or peacetime rates are entitled to additional compensation for dependents if their service-connected disability is rated at not less than 50 percent.

« PreviousContinue »