ing after December 1956, and for establishment of a period of disability under section 216(i) (3) of the Act. In the case where entitlement to a monthly benefit based on the wages and/or selfemployment income of a veteran of World War II existed for December 1956, such benefit may be recomputed to inIclude the service described in subdivision (iii) of this subparagraph only upon application filed after December 1956 by such veteran, or if the veteran is deceased, by any other person entitled to benefits on the basis of his earnings. Such application is effective for months beginning January 1957 or beginning after the thirteenth month before the month such application is filed, whichever is later.)

(3) A member of the Philippine Scouts who performed active service during the World War II period under the direct supervision of recognized military authority. (Service creditable as described in this subparagraph is effective with respect to monthly benefits for months after August 1950, for lump-sum death payments in cases of deaths occurring after August 1950, and for establishment of a period of disability under section 216(i) (3) of the Act.)

(4) An individual who (i) served during World War II in the active military or naval service of an "allied country," that is, a country which was on September 16, 1940, at war with a country with which the United States was at war during World War II and (ii) had entered into such active service before December 9, 1941, and (iii) was a citizen of the United States throughout such period of service or lost his United States citizenship solely because of his entrance into such service, and (iv) had resided in the United States for a period or periods aggregating 4 years during the 5-year period ending on the day of entrance into such service and, on such day, was domiciled in the United States. (Active service for allied countries is considered to have been performed in the active service of the United States and is creditable for monthly benefit purposes for months after August 1958, for lump-sum death payment purposes only where death occurred after August 1958, and for establishment of a period of disability under section 216(1)(3) of the Act. Where such veteran was entitled to an old-age insurance benefit or disability insurance benefit before Septem

ber 1958 based on wages and/or selfemployment income, or where survivors of such veteran were entitled to benefits for August 1958 based on his earnings record, such benefits may be recomputed to include World War II service wage credits under this subparagraph but only upon application filed therefor after August 1958. Such application is effective for months beginning with September 1958, or beginning after the thirteenth month before the month such application is filed, whichever is later.)

(5) A member of the Women's Army Auxiliary Corps, who served during the period May 14, 1942, to September 29, 1943, inclusive, provided she also performed active service with a component of the armed forces after September 29, 1943. (Service creditable as described in this subparagraph is effective for monthly benefits beginning with August 1959, for the lump-sum death payment where death occurred on or after August 7, 1959, and for establishment of a period of disability under section 216(i) (3) of the Act.)

(b) Excluded individuals. The term "World War II veteran" does not include any individual who died while in the active service if his death was inflicted as punishment for a military or naval offense under the laws of any country, other than under the laws of a country which was an enemy of the United States at the time of his death. Neither does the term include an individual whose service was performed as a member of units such as the Women's Army Auxiliary Corps (WAAC) (except under the conditions in paragraph (a)(5) of this section), the Coast Guard Auxiliary, the Coast Guard Reserve (Temporary) unless the individual served on active fulltime duty with military pay and allowances, the Civil Air Patrol, or the Civilian Auxiliary to the Military Police. § 404.1305 "Veteran of post-World War II service" defined.

(a) Included individuals. The term "veteran of post-World War II service," includes any individual who was in the active service of the armed forces of the United States, including the Army, Air Force, Navy, Marine Corps, and the Coast Guard or any of the components thereof during the post-World War II period, as defined in § 404.1303, and who, if discharged or released from active service, was so separated under conditions other

than dishonorable (see § 404.1307) after at least 90 days of active service (see § 404.1306) or by reason of a disability or injury incurred or aggravated in service in line of duty. (Service creditable as described in this provision is effective for monthly benefits for months after August 1952, for lump-sum death payments in cases of deaths after August 1952, and for establishment of a period of disability under section 216(1)(3) of the Act. Where entitlement to a monthly benefit on the basis of the wages and/or self-employment income of a veteran of post-World War II service (as defined in this paragraph (a)) existed for August 1952, such benefit may be recomputed to include post-World War II service credits as described in § 404.1309 (a) only upon application filed by such veteran before January 1, 1961, or, if he died before that date, upon application filed by any other person entitled to such benefits on the basis of his earnings record. If such veteran was deceased in August 1952, and any other person was entitled to a monthly benefit for August 1952 based on his earnings record, the benefits of such other person may be recomputed to include postWorld War II service credits upon application filed by such other person. Applications filed as provided in this paragraph are effective for months after August 1952 or after the seventh month before the month in which such application was filed, whichever is later.) Subject to the same conditions of separation and service the term "veteran of post-World War II service" also includes:

(1) A member of the commissioned corps of the United States Public Health Service who was (1) in the active commissioned service during the period July 25, 1947, to July 3, 1952, inclusive, or (ii) in the active commissioned service from July 4, 1952, to December 31, 1956, inclusive, provided the active service was rendered while on detail to the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or (iii) in the active commissioned service from July 4, 1952, through December 31, 1956, but not on detail to a component of the uniformed services. (For effective dates see parenthetical statement at end of subparagraph (2) of this paragraph

(a).)

(2) A member of the commissioned corps of the United States Coast and Geodetic Survey who (1) during the

period July 25, 1947, to December 31, 1956, inclusive, was actually transferred to active duty in the armed forces of the United States or was assigned to active duty on military projects in areas determined by the Secretary of Defense to be areas of immediate military hazard, or (ii) was serving on active duty with the Coast and Geodetic Survey in the Philippine Islands on December 7, 1941, or (iii) was in the active commissioned service of the Coast and Geodetic Survey during the period July 25, 1947, to December 31, 1956, inclusive, but not transferred to active duty in a service department nor assigned to active duty on a military project in areas of immediate military hazard. (Services creditable as described in subdivisions (i) and (ii) of subparagraph (1) of this paragraph and as described in subdivisions (1) and (ii) of subparagraph (2) of this paragraph are effective for monthly benefits for months after August 1952, for lump-sum death payments in cases of deaths occurring after August 1952, and for establishment of a period of disability under section 216(i) (3) of the Act. Where entitlement to a monthly benefit on the basis of the wages and/or self-employment income of a veteran of post-World War II service as described in subdivisions (1) and (ii) in subparagraph (1) of this paragraph and subdivisions (1) and (ii) in subparagraph (2) of this paragraph existed for August 1952, such benefit may be recomputed to include the services creditable as described in subdivisions (1) and (ii) in subparagraph (1) of this paragraph and subdivisions (1) and (ii) in subparagraph (2) of this paragraph upon application filed by such veteran before January 1, 1961, or, if he died before that date, upon application for benefits filled by any person entitled to such benefits on the basis of his earnings record. If such veteran was deceased in August 1952, and any other person was entitled to monthly benefits for August 1952 based on his earnings record, the benefits of such other person may be recomputed to include the services creditable as described in subdivisions (1) and (ii) in subparagraph (1) of this paragraph and subdivisions (i) and (ii) in subparagraph (2) of this paragraph upon application filed by such other person. Recomputation of benefits for inclusion of services creditable as described in these subdivisions pursuant to applications timely filed are effective for months after August 1952 or after the

seventh month before the month in which such application was filed, whichever is later. Services creditable as described in subdivision (iii) in subparagraph (1) of this section and subdivision (iii) in subparagraph (2) of this paragraph are effective for monthly benefits beginning after December 1956, for lump-sum death payments in cases of deaths occurring after December 1956, and for establishment of a period of disability under section 216(1) (3) of the Act. In the case where entitlement to a monthly benefit based on the wages and/or self-employment income of a veteran of post-World War II as described in subdivision (iii) in subparagraph (1) of this paragraph and subdivision (iii) in subparagraph (2) of this paragraph existed for December 1956, such benefit may be recomputed to include service creditable as described in subdivision (iii) in subparagraph (1) of this paragraph and subdivision (iii) of subparagraph (2) of this paragraph upon application filed after December 1956 by such veteran, or if he is deceased, by any other person entitled to benefits on the basis of his earnings. Recomputation of benefits for inclusion of services as described in subdivision (iii) in subparagraph (1) of this paragraph and subdivision (iii) of subparagraph (2) of this paragraph upon application filed after December 1956, is effective for months beginning January 1957 or beginning after the thirteenth month before the month such application is filed, whichever is later.)

(3) A member of the Philippine Scouts who performed active service during the post-World War II period under the direct supervision of recognized military authority. (Service creditable as described in this subparagraph is effective with respect to monthly benefits for months after August 1952, for lump-sum death payments in cases of deaths occurring after August 1952, and for establishment of a period of disability under section 216(1)(3) of the Act. Recomputation of benefits may be effective under the same conditions as described in this paragraph (a) for veterans of post-World War II service.)

(b) Excluded individuals. The term "veteran of post-World War II service" does not include, among others, any individual who died in the active service if his death was inflicted as punishment for a military or naval offense under the laws of any country, other than

under the laws of a country which was an enemy of the United States at the time of his death. Neither does the term include a member of any unit such as the Coast Guard Auxiliary, the Coast Guard Reserve (Temporary) unless the individual served on active full-time duty with military pay and allowances, the Civil Air Patrol, or the Civilian Auxiliary to the Military Police, insofar as such units were in existence during the post-World War II period.

§ 404.1306 "Active service of 90 days" defined.

The term "active service of 90 days" means one or more periods totaling at least 90 days (whether or not consecutive) served by a veteran during the World War II period (see § 404.1302) or during the post-World War II period (see 404.1303). Where 90 days were not served wholly within the World War II period but such service began before September 16, 1940 and concluded on or after that date, the requirement of "active service of 90 days" (see §§ 404.1304 and 404.1305) is met only if such service of 90 days was continuous. Similarly, where 90 days were not served wholly within the post-World War II period but such service began before July 25, 1947, and concluded on or after that date or began before January 1, 1957, and concluded on or after that date, the requirement of “active service of 90 days" is met only if such service was continuous. Active service of 90 days is not necessary in the case of a veteran who was in the active service during World War II or during the post-World War II period if he died or was otherwise separated from the service by reason of a disability or injury incurred or aggravated in service in line of duty. § 404.1307 "Separation under conditions other than dishonorable” defined.

The term "separation under conditions other than dishonorable" as used in §§ 404.1304 and 404.1305 means any discharge or release from the active military or naval service except:

(a) A dishonorable discharge or a bad conduct discharge issued pursuant to a sentence of a general court martial of the Army, Air Force, Navy, Marine Corps, or Coast Guard of the United States, or of the armed forces of an "allied country" (as defined in § 404.1304 (a) (4)); or

(b) A dishonorable discharge issued pursuant to the recommendation of a board of investigation of the United States Public Health Service or of the United States Coast and Geodetic Survey; or

(c) A discharge or release for desertion; or

(d) In the case of an officer, a separation by resignation accepted for the good of the service; or

(e) A discharge or release on the ground that the individual was a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise comply with lawful orders of competent military authority; or

(f) A discharge or release because of a conviction by a civil court for treason, sabotage, espionage, murder, rape, arson, burglary, robbery, kidnapping, assault with intent to kill, assault with a deadly weapon, or because of an attempt to commit any of these crimes.

§ 404.1308 Effect of section 217(a) of the Act.

(a) Wage credits for service in World War II. Under section 217(a) of the Act a World War II veteran is granted, subject to the limitations described in § 404.1310, wage credits of $160 for each month (or part of a month) of active service during World War II. (See § 404.1304 for definition of "World War II veteran"; see § 404.1302 for period encompassed by World War II.) These wage credits are granted even though such veteran dies in service.

(b) Amount of World War II service wages and period for which creditable. In addition to the wages, if any, actually paid to a World War II veteran, such veteran shall be deemed to have been paid, and shall be credited with, wages of $160 for each calendar month or part of a month after September 15, 1940, and before July 25, 1947, during which he was in the active military or naval service of the United States, subject, however, to the limitations described in § 404.1310. § 404.1309 the Act. (a) Wage credits provided for service during post-World War II period. Under section 217(e) of the Act a veteran of post-World War II service is granted, subject to the limitations described in § 404.1310, wage credits of $160 for each

Effect of section 217(e) of

month (or part of month) of active service in the post-World War II period (see § 404.1303 for definition of "post-World War II" period; see § 404.1305 for definition of "veteran of post-World War II service"). These wage credits are granted even though such veteran dies in service.

(b) Amount of post-World War II service wages and period for which credited. In addition to the wages, if any, actually paid to a veteran of the post-World War II period, and in addition to any self-employment income, if any, credited to the account of such veteran, such veteran shall be deemed to have been paid and shall be credited with wages of $160 for each calendar month or part of a month after July 24, 1947, and before January 1, 1957, during which he was in the active military or naval service of the United States, subject, however, to the limitations set forth in § 404.1310.

§ 404.1310 Limitation on granting of World War II and post-World War II service wage credits.

The limitations on the granting of military service wage credits described in §§ 404.1308 and 404.1309 are as follows:

(a) World War II or post-World War II service wage credits are not granted if a larger monthly benefit or lump-sum death payment would be payable without the use of such wage credits;

(b) Post-World War II service wage credits are not granted for the month of July 1947, if such veteran's account is credited with World War II service wage credits described in § 404.1308 for that month;

(c) World War II service wage credits are not granted if any part of the veteran's active service during the World War II period has been credited toward another "Federal benefit" (see § 404.1311) and post-World War II service wage credits are not granted if any part of the veteran's active service during the post-World War II period has been credited toward another "Federal benefit." However, notwithstanding the fact that part or all of the veteran's active service during the World War II or postWorld War II period, as the case may be, has been credited towards another "Federal benefit" these provisions do not apply:

(1) If their application would reduce by 50 cents or less the primary insurance amount of the veteran; or

(2) In the case of monthly benefits payable under section 202 of the Act to a widow or child of a deceased veteran, if such widow or child is entitled under the Civil Service Retirement Act of May 29, 1930 to survivors' annuities based in whole or in part on the veteran's active military or naval service during the World War II or post-World War II period, and such widow or child waives, after December 1956, entitlement to such annuities. However, such wage credits shall not be granted pursuant to such waiver of survivors' annuities if a benefit (based in any part on the veteran's active service during the World War II or postWorld War II period as the case may be), has been determined payable to the veteran under the Civil Service Retirement Act of May 29, 1930, or, if another "Federal benefit" as defined in § 404.1311 has been determined payable to the veteran (except under the conditions of subparagraph (3) of this paragraph (c)) or to his survivors. (This subparagraph is effective for monthly benefits beginning with January 1957. In no event does this subparagraph apply with respect to any month before the first month for which the Civil Service Commission notifies the Secretary that no further annuity will be payable. Where a widow or child is entitled to monthly benefits based on the wages and/or self-employment income of a veteran of World War II or post-World War II service, such benefits may be recomputed to include World War II or post-World War II service wage credits upon application filled by such widow or child after 1956. Such applications are effective for months beginning January 1957, or beginning after the thirteenth month before the month in which such application is filled, whichever is later.);

or

(3) If, in the case of a veteran of postWorld War II service, the other "Federal benefit" is payable solely by the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, or Public Health Service and the veteran served as a member of the uniformed services of the United States after 1956 and his service is included in the term "employment" as defined in section 210(1) (1) of the Act. Thus, a veteran will be granted wage credits of $160 a month for any month in which he had active service after 1950 and before 1957 even though payment from one of the

aforementioned agencies is based in whole or in part upon the veteran's active service during the post-World War II period. (The provisions of this subparagraph apply to monthly benefits for months after December 1956 and to the lump-sum death payment where death occurred after December 1956); or

(4) To the extent that such World War II or post-World War II service wage credits are used solely for the purpose of meeting the insured status and quarters of coverage requirement necessary under section 216(i) (3) of the Act to establish a period of disability. § 404.1311 "Federal benefit” defined.

For the purposes of § 404.1310 (c) a "Federal benefit” means any periodic retirement or survivor benefit (including a lump-sum payment which is a commutation of or a substitute for periodic payments) determined by another Federal department, agency (other than the Veterans' Administration), or wholly owned instrumentality of the United States to be payable under any law or under a program or pension system established by such department, agency, or instrumentality, where the Secretary determines that active military or naval service during the World War II or postWorld War II period was directly credited in establishing entitlement to, or amount of, such benefit.

§ 404.1312 Determination and certification of payments based on World War II or post-World War II service wage credits.

Where the limitations on granting of World War II or post-World War II service wage credits specified in § 404.1310 are not applicable, the rights of an individual applying for payment of benefits or a lump-sum death payment on the basis of the wages and self-employment income of a veteran of World War II or post-World War II service shall be determined on the basis of the provisions of §§ 404.1308 and 404.1309. Certification of payment may be made pursuant to such determination, subject, however, to the effect of the receipt of notice by the Secretary from another department, agency, or wholly owned instrumentality of the United States that a "Federal benefit," as defined in § 404.1311, has been determined by it to be payable (see § 404.1313).