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PART I

CHAPTER 2

LEGISLATIVE BACKGROUND FOR VETERANS' ASSISTANCE

Selective Service Law.

National Guard, Reserve and Retired Personnel Law.
Public Health Service Act.

102.1

102.2

Service Extension Act.

102.3

102.4

102.5

102.6

102.7

102.8

Merchant Marine Act of 1943.

Veterans' Preference Act of 1944.

Court Crier or Bailiff Preference Act.

War Mobilization and Reconversion Act of 1944.

102.9 The GI Bill of Rights-Servicemen's Readjustment Act

of 1944.

102.10 Mustering-Out Payment Act of 1944.

102.11

Vocational Rehabilitation Act.

102.12 Aid for Blind Veterans Act.

102.13 Hospitalization, Domiciliary Care, and Burial Benefits. 102.14 Soldiers' and Sailors' Civil Relief Act.

102.15 Pensions.

PART I

CHAPTER 2

LEGISLATIVE BACKGROUND FOR VETERANS' ASSISTANCE

102.1 Selective Service Law (Public Law 783, 76th Cong., approved Sept. 16, 1940, as amended).-(a) Section 8 provides that persons inducted under the act, who meet certain conditions of eligibility set forth in the statute, are to be restored to their former positions or positions of like seniority, status, and pay, and that persons so restored may not be discharged from such positions without cause within 1 year after initial reinstatement.

(b) Section 8 also provides that the Director of Selective Service shall establish a Personnel Division with adequate facilities to render aid in the replacement in their former positions of, or in securing positions for, members of the reserve components of the land and naval forces of the United States who have satisfactorily completed any period of active duty, and persons who have satisfactorily completed any period of their training and service under the Selective Service Law.

102.2 Service Extension Act (Public Law 213, 77th Cong., approved Aug. 18, 1941, as amended).-Section 7 provides that all persons who, subsequent to May 1, 1940, shall have entered upon active military or naval service in the land or naval forces of the United States shall be entitled to all the reemployment benefits of section 8 of the Selective Service Act. Section 7 further provides that such reemployment benefits shall be applicable to any such person without regard to whether the position which he held shall have been covered into the classified civil service during the period of his military service.

102.3 National Guard, Reserve and Retired Personnel Law (Public Resolution No. 96, 76th Cong., approved Aug. 27, 1940, as amended).-Section 3 provides the same reemployment rights as are given under section 8 of the Selective Service Law to members of the reserve components of the land and naval forces of the United States who were on active duty on August 27, 1940, or who are assigned to active duty after that date, and to retired personnel of the Regular Army ordered into the active military service under authority of this resolution.

102.4 Public Health Service Act (Public Law 410, 78th Cong., approved July 1, 1944).-Section 212 gives to Reserve officers of the United States Public Health Service, who were or are called to active duty after November 11, 1913, the same reemployment

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rights with respect to their active service in time of war as are given to Army officers on active duty during the same period, regardless of the character of active duty to which the Public Health Service officers are assigned.

102.5 Merchant Marine Act of 1943 (Public Law 87, 78th Cong., approved June 23, 1943).—This law provides that persons who entered service in the Merchant Marine after May 1, 1940. and before the termination of the unlimited national emergency declared by the President on May 27, 1941, and who meet certain conditions of eligibility set forth in the statute, are to be restored to their former positions or positions of like seniority, status, and pay, upon completion of a period of substantially continuous service in the Merchant Marine, and that persons so restored may not be discharged from such positions without cause within 1 year after initial reinstatement.

102.6 Veterans' Preference Act of 1944 (Public Law 359, 78th Cong., approved June 27, 1944).-This law provides that preference shall be given to veterans who have been separated from the armed forces under honorable conditions "in certification for appointment, in appointment, in reinstatement, in reemployment, and in retention in civilian positions," permanent or temporary, in the executive branch of the Federal Government and in the government of the District of Columbia.

102.7 Court Crier or Bailiff Preference Act (Public Law 468, 78th Cong., approved Dec. 7, 1944). This law provides that preference shall be given to veterans who have served in the military or naval forces of the United States in time of war, and who have been honorably discharged therefrom, in appointment to the posi tion of crier or bailiff in the United States district courts.

102.8 War Mobilization and Reconversion Act of 1944 (Public Law 458, 78th Cong., approved Oct. 3, 1944).-(a) This law establishes the Office of War Mobilization and Reconversion, within which is placed the Retraining and Reemployment Administration.

(b) Title III of this act establishes the Retraining and Reemployment Administration which shall have general supervision and direction of the activities of all existing executive agencies (except the Veterans' Administration and the Administrator of Veterans' Affairs) authorized by law relating to retraining, reemployment, vocational education, and vocational rehabilitation, for the purpose of coordinating such activities and eliminating overlapping functions of such agencies. The Retraining and Reemployment Administration is also charged with the function of conferring with existing State and local agencies and officials in charge of existing programs relating to retaining, reemployment, vocational education, and vocational rehabilitation, for the purpose of coordinating the activities of existing Federal agencies with the activities of such State and local agencies.

(c) The functions of the Retraining and Reemployment Administration are exercised by a Retraining and Reemployment Administrator, subject to the general supervision of the Director of War Mobilization and Reconversion.

102.9 The GI Bill of Rights-Servicemen's Readjustment Act of 1944 (Public Law 346, 78th Cong., approved June 22, 1944)-(a) This law provides certain benefits for persons who served in the active military or naval service on or after September 16, 1940 and prior to termination of the present war. Briefly it provides:

(b) Title I.-This title is divided into three chapters, covering (1) hospitalization, claims, and procedures; (2) aid by veterans' organizations; and (3) reviewing authority, as follows:

(1) Hospitalization, claims, and procedures. This chapter provides for

(A) Increase in hospital facilities for war veterans and in Veterans' Administration field stations.

(B) Guaranty against discharge or release from active duty in the armed forces until certificate of discharge or release from active duty and final pay, or a substantial portion thereof, are ready for delivery; also, guaranty against discharge or release from active service on account of disability without explanation of rights to file claim for compensation, pension, or hospitalization, and opportunity to execute such a claim; and authority to place officials in Army and Navy installations for the purpose of adjudicating disability claims and giving aid and advice to members of the Army and Navy who are about to be discharged or released from active service. (C) Right to fitting and training in the use of prosthetic appliances for those entitled to such appliances.

(D) Protection against being required to sign a statement of any nature relating to the origin, incurrence, or aggravation of any disease or injury and making such statement null and void.

(2) Aid by veterans' organizations. Provides adequate contact facilities in Army and Navy discharge centers with fulltime accredited representatives of the veterans' organizations and other such national organizations recognized by the Administrator of Veterans' Affairs in the presentation of claims under laws administered by the Veterans' Administration.

(3) Reviewing authority. This chapter

(A) Safeguards against forfeiture of rights under laws administered by the Veterans' Administration where the Administrator of Veterans' Affairs finds that the veteran was "insane” at the time of commission of the offense which caused the type of discharge or dismissal that operates to deny such benefits.

(B) Authorizes and directs the establishment of Boards of Review in the War and Navy Departments to review the type

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