[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Proposed Rules]
[Pages 27153-27160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11051]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AO25


Duty Periods for Establishing Eligibility for Health Care

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend 
its medical regulations concerning eligibility for health care to re-
establish the definitions of ``active military, naval, or air 
service,'' ``active duty,'' and ``active duty for training.'' These 
definitions were deleted in 1996; however, we believe that all duty 
periods should be defined in part 17 of the Code of Federal Regulations 
(CFR) to ensure proper determination of eligibility for VA health care. 
We would also provide a more complete definition of ``inactive duty 
training.''

DATES: Comments must be received by VA on or before July 8, 2013.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand delivery to the Director, 
Regulation Policy and Management (02REG), Department of Veterans 
Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC 20420; or by 
fax to (202) 273-9026. Comments should indicate that they are submitted 
in response to ``RIN 2900-AO25--Duty Periods for Establishing 
Eligibility for Health Care.'' Copies of comments received will be 
available for public inspection in the Office of Regulation Policy and 
Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 461-4902 for 
an appointment. (This is not a toll-free number.) In addition, during 
the comment period, comments may be viewed online through the Federal 
Docket Management System at http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director 
Business Policy, Chief Business Office (10NB6), Department of Veterans 
Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (202) 461-1599. 
(This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 1710 and 1705, VA provides 
health care to certain veterans. Section 101(2) of title 38, U.S.C., 
defines the term ``veteran'' to mean ``a person who served in the 
active military, naval, or air service, and who was discharged or 
released therefrom under conditions other than dishonorable.'' ``Active 
military, naval, or air service'' includes ``active duty'' and certain 
periods of ``active duty for training'' and ``inactive duty training,'' 
which are all defined in 38 U.S.C. 101. See 38 U.S.C. 101(21)-(24). 
These terms prescribe the type of service an individual needs to have 
had in order to be eligible for VA health care benefits. We would 
incorporate the full definitions of these terms found in 38

[[Page 27154]]

U.S.C. 101(21) through (24) into 38 CFR 17.31, VA's regulation for 
defining duty periods applicable to eligibility for medical benefits.
    On May 13, 1996, in 61 FR 21965, VA removed and marked as reserved 
paragraphs (a) through (c) of Sec.  17.31. These paragraphs contained 
the definitions of ``active military, naval, or air service,'' ``active 
duty,'' and ``active duty for training,'' which reflected the statutory 
definitions of those terms in 38 U.S.C. 101. At that time, in an effort 
to streamline its regulations, VA determined that paragraphs (a) 
through (c) of Sec.  17.31 were unnecessary because they merely 
restated the definitions found in 38 U.S.C. 101(21), 101(22), and 
101(24) almost verbatim. It is not clear why VA retained paragraph (d), 
containing a definition for ``inactive duty training,'' which also 
restated most of 38 U.S.C. 101(23) almost verbatim. Currently, the 
introductory paragraph to Sec.  17.31 states that the regulation 
contains ``[d]efinitions of duty periods applicable to eligibility for 
medical benefits.'' However, it contains only an incomplete definition 
for inactive duty training. A reader of Sec.  17.31 could conclude that 
no other duty periods, aside from ``inactive duty training,'' would 
qualify an individual as eligible for VA medical benefits. This is not 
an accurate representation of VA's authority. An individual could be 
eligible for VA medical benefits based on only certain periods of 
inactive duty training (i.e., if the individual was disabled from an 
injury or covered disease during such training), which the current 
regulation does not make clear. An individual could also be eligible 
for VA medical benefits based on active duty or certain periods of 
active duty for training.
    We propose to incorporate the 38 U.S.C. 101 definitions of ``active 
military, naval, or air service,'' ``active duty,'' and ``active duty 
for training'' into Sec.  17.31 as paragraphs (a) through (c). We also 
propose to incorporate 38 U.S.C. 106, which establishes certain other 
service as active military service. However, these statutory provisions 
are not exhaustive.
    We would also incorporate a listing of individuals and groups the 
Secretary of Defense, through the Secretary of the Air Force acting as 
Executive Agent of the Secretary of Defense, has determined to have 
performed active military service. Under the provisions of Public Law 
95-202, sec. 401 (1977), the Department of Defense (DoD) can determine 
that the service of certain groups or individuals constitutes active 
duty service for purposes of title 38 benefits. DoD has outlined 
regulations at 32 CFR part 47 that explain how the determination that a 
group or individual is considered to have performed active duty service 
is made. These decisions are published in the Federal Register. 32 CFR 
47.6(b)(5). Also, under 32 CFR 47.5(b)(9), the Secretary of Veterans 
Affairs is notified when DoD determines that a group or individual is 
considered to have performed active duty service.
    Proposed paragraph (b) would include service by any individual or 
group certified by the Secretary of Defense as active duty, which is 
currently listed in 38 CFR 3.7. The following table includes a list of 
the relevant groups (in alphabetical order) and the effective date of 
recognition for each group, as well as a citation to the applicable 
Federal Register notice describing the decision by the Secretary of Air 
Force. The only exception with respect to the Federal Register 
citations is the recognition of the ``Quartermaster Corps Keswick Crew 
on Corregidor (WWII),'' which recognition does not appear to have been 
published in the Federal Register. In that case, we have cited the DoD 
memorandum recognizing the group. We would also incorporate a statement 
in paragraph (b)(6) to reflect subsequent acts of recognition by DoD.

------------------------------------------------------------------------
                                                       Federal Register
     Individuals and groups                               citation or
 designated by the Secretary of      Individual or         authority
  Air Force as having performed    group recognition    recognizing the
     active military service             date            individual or
                                                             group
------------------------------------------------------------------------
American Merchant Marine in       Recognized          53 FR 2775.
 Oceangoing Service during the     effective January
 period of Armed Conflict,         19, 1988.
 December 7, 1941, to August 15,
 1945.
The approximately 50 Chamorro     Recognized          64 FR 56773.
 and Carolinian former native      effective
 policemen who received military   September 30,
 training in the Donnal area of    1999.
 central Saipan and were placed
 under the command of Lt. Casino
 of the 6th Provisional Military
 Police Battalion to accompany
 United States Marines on
 active, combat-patrol activity
 from August 19, 1945, to
 September 2, 1945.
Civilian Crewmen of the United    Recognized          56 FR 23054, 57 FR
 States Coast and Geodetic         effective April     24600.
 Survey (USCGS) vessels who        8, 1991.
 performed their service in
 areas of immediate military
 hazard while conducting
 cooperative operations with and
 for the U.S. Armed Forces
 within a time frame of December
 7, 1941, to August 15, 1945.
 Qualifying USCGS vessels
 specified by the Secretary of
 the Air Force, are the
 Derickson, Explorer, Gilbert,
 Hilgard, E. Lester Jones,
 Lydonia, Patton, Surveyor,
 Wainwright, Westdahl,
 Oceanographer, Hydrographer, or
 Pathfinder.
Civilian Employees of Pacific     Recognized          46 FR 11857.
 Naval Air Bases who actively      effective January
 participated in Defense of Wake   22, 1981.
 Island during World War II.
Civilian Navy Identification      Recognized          53 FR 32425.
 Friend or Foe (IFF) Technicians   effective August
 who served in the Combat Areas    2, 1988.
 of the Pacific during World War
 II. (December 7, 1941, to
 August 15, 1945.).
Civilian personnel assigned to    Recognized          48 FR 1532.
 the Secret Intelligence Element   effective
 of the Office of Strategic        December 27, 1982.
 Services (OSS).
Engineer Field Clerks (World War  Recognized          44 FR 55622.
 I).                               effective August
                                   31, 1979.
Guam Combat Patrol..............  Recognized          48 FR 23295.
                                   effective May 10,
                                   1983.
Honorably discharged members of   Recognized          56 FR 26072.
 the American Volunteer Group      effective May 3,
 (Flying Tigers) who served        1991.
 during the period December 7,
 1941, to July 18, 1942.
Honorably discharged members of   Recognized          57 FR 34766.
 the American Volunteer Guard,     effective June
 Eritrea Service Command during    29, 1992.
 the Period June 21, 1942, to
 March 31, 1943.

[[Page 27155]]

 
Male Civilian Ferry Pilots......  Recognized          46 FR 39197.
                                   effective July
                                   17, 1981.
The Operational Analysis Group    Recognized          64 FR 53364.
 of the Office of Scientific       effective August
 Research and Development,         27,1999.
 Office of Emergency Management,
 which served overseas with the
 U.S. Army Air Corps from
 December 7, 1941, through
 August 15, 1945.
Quartermaster Corps Female        Recognized          46 FR 11857.
 Clerical Employees serving with   effective January
 the American Expeditionary        22, 1981.
 Forces in World War II.
Quartermaster Corps Keswick Crew  Recognized          Memorandum from
 on Corregidor (World War II).     effective           the Acting
                                   February 7, 1984.   Assistant
                                                       Secretary of the
                                                       Air Force
                                                       (Manpower,
                                                       Reserve Affairs
                                                       and
                                                       Installations),
                                                       Determination of
                                                       Active Military
                                                       Service (Feb. 7,
                                                       1984) (on file
                                                       with DoD Civilian/
                                                       Military Service
                                                       Review Board).
Reconstruction Aides and          Recognized          46 FR 37306.
 Dietitians in World War I.        effective July 6,
                                   1981.
Signal Corps Female Telephone     Recognized          44 FR 32019.
 Operators Unit of World War I.    effective May 15,
                                   1979.
Three scouts/guides, Miguel       Recognized          64 FR 56773.
 Tenorio, Penedicto Taisacan,      effective
 and Cristino Dela Cruz, who       September 30,
 assisted the U.S. Marines in      1999.
 the offensive operations
 against the Japanese on the
 Northern Mariana Islands from
 June 19, 1944, through
 September 2, 1945.
U.S. civilian employees of        Recognized          55 FR 46706.
 American Airlines who served      effective October
 overseas as a result of           5, 1990.
 American Airlines' Contract
 with the Air Transport Command
 (ATC) during the period
 December 14, 1941, through
 August 14, 1945.
U.S. civilian female employees    Recognized          59 FR 298.
 of the U.S. Army Nurse Corps      effective
 while serving in the Defense of   December 13, 1993.
 Bataan and Corregidor during
 the period January 2, 1942, to
 February 3, 1945.
U.S. Civilian Flight Crew and     Recognized          62 FR 36263.
 Aviation Ground Support           effective June 2,
 Employees of Braniff Airways,     1997.
 who served overseas in the
 North Atlantic or under the
 jurisdiction of the North
 Atlantic Wing, ATC, as a result
 of a Contract with the ATC
 during the period February 26,
 1942, through August 14, 1945.
U.S. Civilian Flight Crew and     Recognized          57 FR 34765.
 Aviation Ground Support           effective June
 Employees of Consolidated         29, 1992.
 Vultree Aircraft Corporation
 (Consairway Division), who
 served overseas as a result of
 a Contract with the ATC during
 the period December 14, 1941,
 through August 14, 1945.
U.S. Flight Crew and Aviation     Recognized          62 FR 36263.
 Ground Support Employees of       effective June 2,
 Northeast Airlines Atlantic       1997.
 Division, who served overseas
 as a result of Northeast
 Airlines' Contract with the ATC
 during the period December 7,
 1941, through August 14, 1945.
U.S. Civilian Flight Crew and     Recognized          59 FR 297.
 Aviation Ground Support           effective
 Employees of Northwest            December 13, 1993.
 Airlines, who served overseas
 as a result of Northwest
 Airlines' Contract with the ATC
 during the period December 14,
 1941, through August 14, 1945.
U.S. Civilian Flight Crew and     Recognized          57 FR 34765.
 Aviation Ground Support           effective July
 Employees of Pan American World   16, 1992.
 Airways and its Subsidiaries
 and Affiliates, who served
 overseas as a result of Pan
 American's Contract with the
 ATC and Naval Air Transport
 Service during the period
 December 14, 1941, through
 August 14, 1945.
U.S. Civilian Flight Crew and     Recognized          57 FR 24479, 68 FR
 Aviation Ground Support           effective May 13,   11068.
 Employees of Transcontinental     1992.
 and Western Air (TWA), Inc.,
 who served overseas as a result
 of TWA's Contract with the ATC
 during the period December 14,
 1941, through August 14, 1945.
 The ``Flight Crew'' includes
 pursers.
U.S. Civilian Flight Crew and     Recognized          57 FR 24478.
 Aviation Ground Support           effective May 13,
 Employees of United Air Lines     1992.
 (UAL), who served overseas as a
 result of UAL's Contract with
 the ATC during the period
 December 14, 1941, through
 August 14, 1945.
U.S. civilian volunteers who      Recognized          49 FR 7849.
 actively participated in the      effective
 Defense of Bataan.                February 7, 1984.
U.S. civilians of the American    Recognized          55 FR 46707.
 Field Service (AFS) who served    effective August
 overseas operationally in World   30, 1990.
 War I during the period August
 31, 1917, to January 1, 1918.
U.S. civilians of the AFS who     Recognized          55 FR 46707.
 served overseas under U.S.        effective August
 Armies and U.S. Army Groups in    30, 1990.
 World War II during the period
 December 7, 1941, through May
 8, 1945.
U.S. Merchant Seamen who served   Recognized          50 FR 46332.
 on blockships in support of       effective October
 Operation Mulberry.               18, 1985.
Wake Island Defenders from Guam.  Recognized          47 FR 17324.
                                   effective April
                                   7, 1982.

[[Page 27156]]

 
Women's Army Auxiliary Corps      Recognized          45 FR 23716, 45 FR
 (WAAC).                           effective March     26115.
                                   18, 1980.
------------------------------------------------------------------------

    We also propose to list in paragraph (b) service by other 
individuals and groups specifically identified by Congress, or 
determined by court or VA decisions interpreting applicable legislative 
provisions, as constituting active military service. These other 
individuals and groups are currently listed in various paragraphs of 
current Sec.  3.7. See 38 CFR 3.7(a)-(l), (n)-(q), (s)-(w). We propose 
to include in Sec.  17.31(b) service by these individuals and groups 
from Sec.  3.7, which would provide a more complete definition of 
active duty for purposes of determining eligibility for VA health care. 
This improves the accessibility of the information and clarifies who 
can receive VA health care.
    For purposes of determining eligibility for medical services, 
proposed paragraph (b)(50) would recognize as active duty service by a 
Commonwealth Army veteran or new Philippine Scout, as defined in 38 
U.S.C. 1735, who resides in the United States and is a citizen of the 
United States or an alien lawfully admitted to the United States for 
permanent residence. Although 38 U.S.C. 107 provides that service by 
Commonwealth Army veterans and new Philippine Scouts is deemed to have 
been active military, naval, or air service only for purposes of 
certain specified benefits, 38 U.S.C. 1734 authorizes VA to furnish 
hospital and nursing home care and medical services to Commonwealth 
Army veterans and new Philippine Scouts. Proposed paragraph (b)(50) 
would also recognize as active duty service by Regular Philippine 
Scouts and service in the Insular Force of the Navy, Samoan Native 
Guard, or Samoan Native Band of the Navy, as referenced in 38 CFR 
3.40(a). See 38 CFR 3.7(p).
    Proposed paragraph (b)(57) would recognize as active duty certain 
attendance at the preparatory schools of the United States Air Force 
Academy, the United States Military Academy, or the United States Naval 
Academy, as covered under 38 CFR 3.6(b)(5). Proposed paragraph (b)(60) 
would also recognize as active duty the period of time immediately 
following the date an individual is discharged or released from a 
period of active duty, consistent with 38 U.S.C. 106(c).
    In addition to the 38 U.S.C. 101(22) definition of the term 
``active duty for training,'' proposed paragraph (c) would include 
certain attendance at the preparatory schools of the United States Air 
Force Academy, the United States Military Academy, or the United States 
Naval Academy, consistent with 38 CFR 3.6(c)(5). We would also include 
certain authorized travel to or from the place of active duty for 
training and list the factors for consideration in determining whether 
an individual satisfies specific conditions, consistent with 38 U.S.C. 
106(d).
    We also propose to correct an oversight. The National Defense 
Authorization Act, Fiscal Year 1989 (the ``1989 Act''), Public Law 100-
456, sec. 633 (1988), amended the definition of ``inactive duty 
training'' in 38 U.S.C. 101(23) to include members of, or applicants 
for membership in, the Senior Reserve Officers' Training Corps (SROTC). 
Paragraph (d) of Sec.  17.31 defines inactive duty for training. 
However, Sec.  17.31(d) was not amended to reflect the changes made by 
the 1989 Act. Although the current definition of ``inactive duty 
training'' does not include training by members of, or applicants for 
membership in the SROTC, in accordance with the updated statute, VA has 
been considering training by these groups of individuals ``inactive 
duty training.'' We, therefore, propose to amend Sec.  17.31(d) to 
reflect the complete statutory definition. We propose to redesignate 
current paragraph (d)(4) as (d)(5) and add a new paragraph (d)(4) to 
state that ``[t]raining (other than active duty for training) by a 
member of, or applicant for membership (as defined in 5 U.S.C. 8140(g)) 
in, the Senior Reserve Officers' Training Corps prescribed under 
chapter 103 of title 10 U.S.C.'' is considered ``inactive duty 
training.''
    Consistent with 38 U.S.C. 106(d), we propose to add paragraph 
(d)(6) to state that travel to or from the place of inactive duty 
training shall also be considered inactive duty training only if an 
individual, when authorized or required by competent authority, assumes 
an obligation to perform inactive duty training and is disabled from an 
injury, acute myocardial infarction, a cardiac arrest, or a 
cerebrovascular accident incurred while proceeding directly to or 
returning directly from such inactive duty training. We would also list 
the factors for consideration in determining whether an individual 
satisfies these conditions. See 38 U.S.C. 106(d)(2).
    We also propose to add an authority citation for Sec.  17.31, which 
would indicate that the statutory authorities for Sec.  17.31 are 38 
U.S.C. 101, 106, 501, 1734 and 1735. We would add sections 1734 and 
1735 because section 1734 is the Veterans Health Administration's 
authority for providing health care to Commonwealth Army veterans and 
Philippine Scouts, while 1735 defines these two groups of veterans.

Effect of Rulemaking

    The Code of Federal Regulations, as proposed to be revised by this 
rulemaking, would represent the exclusive legal authority on this 
subject. No contrary rules or procedures would be authorized. All VA 
guidance would be read to conform with this proposed rulemaking if 
possible or, if not possible, such guidance would be superseded by this 
rulemaking.

Paperwork Reduction Act

    This proposed rule contains no provisions constituting a collection 
of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. This proposed rule would not cause a significant 
economic impact on health care providers, suppliers, or entities since 
only a small portion of the business of such entities concerns VA 
beneficiaries. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking 
is exempt from the initial and final regulatory flexibility analysis 
requirements of sections 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety

[[Page 27157]]

effects, and other advantages, distributive impacts, and equity). 
Executive Order 13563 (Improving Regulation and Regulatory Review) 
emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility. Executive 
Order 12866 (Regulatory Planning and Review) defines a ``significant 
regulatory action,'' which requires review by the Office of Management 
and Budget (OMB), as ``any regulatory action that is likely to result 
in a rule that may: (1) Have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; (2) Create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any given year. This proposed rule would have no such 
effect on State, local, and tribal governments, or on the private 
sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this rulemaking are as follows: 64.005, Grants to States for 
Construction of State Home Facilities; 64.007, Blind Rehabilitation 
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical 
Care Benefits; 64.010, Veterans Nursing Home Care; 64.014, Veterans 
State Domiciliary Care; 64.015, Veterans State Nursing Home Care; 
64.018, Sharing Specialized Medical Resources; 64.019, Veterans 
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based 
Primary Care; and 64.024, VA Homeless Providers Grant and Per Diem 
Program.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Jose D. 
Riojas, Interim Chief of Staff, Department of Veterans Affairs, 
approved this document on May 3, 2013 for publication.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure; Alcohol abuse; Alcoholism; 
Claims; Day care; Dental health; Drug abuse; Government contracts; 
Grant programs-health; Grant programs-veterans; Health care; Health 
facilities; Health professions; Health records; Homeless; Mental health 
programs; Nursing homes; Philippines, Reporting and recordkeeping 
requirements; Veterans.

    Dated: May 6, 2013.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of General 
Counsel, Department of Veterans Affairs.

    For the reasons set forth in the preamble, we propose to amend 38 
CFR part 17 as follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  38 U.S.C. 501, and as noted in specific sections.

0
2. Amend Sec.  17.31 by:
0
a. Adding paragraphs (a) through (c).
0
b. Revising paragraph (d) introductory text.
0
c. Redesignating current paragraph (d)(4) as paragraph (d)(5).
0
d. Adding new paragraphs (d)(4) and (d)(6).
0
e. Adding an authority citation at the end of the section.
    The revision and additions read as follow:


Sec.  17.31  Duty periods defined.

* * * * *
    (a) Active military, naval, or air service includes:
    (1) Active duty.
    (2) Any period of active duty for training during which the 
individual was disabled from a disease or injury incurred or aggravated 
in line of duty.
    (3) Any period of inactive duty training during which the 
individual was disabled from an injury incurred or aggravated in line 
of duty.
    (4) Any period of inactive duty training during which the 
individual was disabled from an acute myocardial infarction, a cardiac 
arrest, or a cerebrovascular accident which occurred during such period 
of inactive duty training.
    (b) Active duty means:
    (1) Full-time duty in the Armed Forces, other than active duty for 
training.
    (2) Full-time duty, other than for training purposes, as a 
commissioned officer of the Regular or Reserve Corps of the Public 
Health Service during the following dates:
    (i) On or after July 29, 1945;
    (ii) Before July 29, 1945, under circumstances affording 
entitlement to full military benefits; or
    (3) Full-time duty as a commissioned officer of the National 
Oceanic and Atmospheric Administration or its predecessor 
organizations, the Coast and Geodetic Survey or the Environmental 
Science Services Administration, during the following dates:
    (i) On or after July 29, 1945;
    (ii) Before July 29, 1945, under the following circumstances:
    (A) While on transfer to one of the Armed Forces;
    (B) While, in time of war or national emergency declared by the 
President, assigned to duty on a project for one of the Armed Forces in 
an area determined by the Secretary of Defense to be of immediate 
military hazard; or
    (C) In the Philippine Islands on December 7, 1941, and continuously 
in such islands thereafter; or
    (4) Service as a cadet at the U.S. Military, Air Force, or Coast 
Guard Academy, or as a midshipman at the U.S. Naval Academy.
    (5) Service in Women's Army Auxiliary Corps (WAAC). Recognized 
effective March 18, 1980.
    (6) Service of any person in a group the members of which rendered 
service to the Armed Forces of the United States in a capacity 
considered civilian employment or contractual service at the time such 
service was rendered, if the Secretary of Defense:
    (i) Determines that the service of such group constituted active 
military service; and
    (ii) Issues to each member of such group a discharge from such 
service under honorable conditions where the nature and duration of the 
service of such member so warrants.
    (7) Service in American Merchant Marine in Oceangoing Service any 
time during the period December 7, 1941, to August 15, 1945. Recognized 
effective January 19, 1988.

[[Page 27158]]

    (8) Service by the approximately 50 Chamorro and Carolinian former 
native policemen who received military training in the Donnal area of 
central Saipan and were placed under the command of Lt. Casino of the 
6th Provisional Military Police Battalion to accompany U.S. Marines on 
active, combat-patrol activity any time during the period August 19, 
1945, to September 2, 1945. Recognized effective September 30, 1999.
    (9) Service by Civilian Crewmen of the U.S. Coast and Geodetic 
Survey (USCGS) vessels, who performed their service in areas of 
immediate military hazard while conducting cooperative operations with 
and for the U.S. Armed Forces any time during the period December 7, 
1941, to August 15, 1945. Qualifying USCGS vessels specified by the 
Secretary of the Air Force are the Derickson, Explorer, Gilbert, 
Hilgard, E. Lester Jones, Lydonia, Patton, Surveyor, Wainwright, 
Westdahl, Oceanographer, Hydrographer, or Pathfinder. Recognized 
effective April 8, 1991.
    (10) Service by Civilian Employees of Pacific Naval Air Bases who 
actively participated in Defense of Wake Island during World War II. 
Recognized effective January 22, 1981.
    (11) Service by Civilian Navy Identification Friend or Foe (IFF) 
Technicians who served in the Combat Areas of the Pacific any time 
during the period December 7, 1941, to August 15, 1945. Recognized 
effective August 2, 1988.
    (12) Service by Civilian personnel assigned to the Secret 
Intelligence Element of the Office of Strategic Services (OSS). 
Recognized effective December 27, 1982.
    (13) Service by Engineer Field Clerks (World War I). Recognized 
effective August 31, 1979.
    (14) Service by Guam Combat Patrol. Recognized effective May 10, 
1983.
    (15) Service by Honorably discharged members of the American 
Volunteer Group (Flying Tigers) who served any time during the period 
December 7, 1941, to July 18, 1942. Recognized effective May 3, 1991.
    (16) Service by Honorably discharged members of the American 
Volunteer Guard, Eritrea Service Command who served any time during the 
period June 21, 1942, to March 31, 1943. Recognized effective June 29, 
1992.
    (17) Service by Male Civilian Ferry Pilots. Recognized effective 
July 17, 1981.
    (18) Service with the Operational Analysis Group of the Office of 
Scientific Research and Development, Office of Emergency Management, 
which served overseas with the U.S. Army Air Corps any time during the 
period December 7, 1941, to August 15, 1945. Recognized effective 
August 27, 1999.
    (19) Service by Quartermaster Corps Female Clerical Employees 
serving with the American Expeditionary Forces in World War II. 
Recognized effective January 22, 1981.
    (20) Service by Quartermaster Corps Keswick Crew on Corregidor 
(World War II). Recognized effective February 7, 1984.
    (21) Service by Reconstruction Aides and Dietitians in World War I. 
Recognized effective July 6, 1981.
    (22) Service by Signal Corps Female Telephone Operators Unit of 
World War I. Recognized effective May 15, 1979.
    (23) Service by three scouts/guides, Miguel Tenorio, Penedicto 
Taisacan, and Cristino Dela Cruz, who assisted the U.S. Marines in the 
offensive operations against the Japanese on the Northern Mariana 
Islands from June 19, 1944, through September 2, 1945. Recognized 
effective September 30, 1999.
    (24) Service by U.S. civilian employees of American Airlines who 
served overseas as a result of American Airlines' Contract with the Air 
Transport Command any time during the period December 14, 1941, to 
August 14, 1945. Recognized effective October 5, 1990.
    (25) Service by U.S. civilian female employees of the U.S. Army 
Nurse Corps while serving in the Defense of Bataan and Corregidor any 
time during the period January 2, 1942, to February 3, 1945. Recognized 
effective December 13, 1993.
    (26) Service by U.S. Civilian Flight Crew and Aviation Ground 
Support Employees of Braniff Airways, who served overseas in the North 
Atlantic or under the jurisdiction of the North Atlantic Wing, Air 
Transport Command (ATC), as a result of a Contract with the ATC any 
time during the period February 26, 1942, to August 14, 1945. 
Recognized effective June 2, 1997.
    (27) Service by U.S. Civilian Flight Crew and Aviation Ground 
Support Employees of Consolidated Vultree Aircraft Corporation 
(Consairway Division), who served overseas as a result of a Contract 
with the Air Transport Command any time during the period December 14, 
1941, to August 14, 1945. Recognized effective June 29, 1992.
    (28) Service by U.S. Flight Crew and Aviation Ground Support 
Employees of Northeast Airlines Atlantic Division, who served overseas 
as a result of Northeast Airlines' Contract with the Air Transport 
Command any time during the period December 7, 1941, to August 14, 
1945. Recognized effective June 2, 1997.
    (29) Service by U.S. Civilian Flight Crew and Aviation Ground 
Support Employees of Northwest Airlines, who served overseas as a 
result of Northwest Airlines' Contract with the Air Transport Command 
any time during the period December 14, 1941, to August 14, 1945. 
Recognized effective December 13, 1993.
    (30) Service by U.S. Civilian Flight Crew and Aviation Ground 
Support Employees of Pan American World Airways and its Subsidiaries 
and Affiliates, who served overseas as a result of Pan American's 
Contract with the Air Transport Command and Naval Air Transport Service 
any time during the period December 14, 1941, to August 14, 1945. 
Recognized effective July 16, 1992.
    (31) Service by U.S. Civilian Flight Crew and Aviation Ground 
Support Employees of Transcontinental and Western Air (TWA), Inc., who 
served overseas as a result of TWA's Contract with the Air Transport 
Command any time during the period December 14, 1941, to August 14, 
1945. The ``Flight Crew'' includes pursers. Recognized effective May 
13, 1992.
    (32) Service by U.S. Civilian Flight Crew and Aviation Ground 
Support Employees of United Air Lines (UAL), who served overseas as a 
result of UAL's Contract with the Air Transport Command any time during 
the period December 14, 1941, to August 14, 1945. Recognized effective 
May 13, 1992.
    (33) Service by U.S. civilian volunteers who actively participated 
in the Defense of Bataan. Recognized effective February 7, 1984.
    (34) Service by U.S. civilians of the American Field Service (AFS) 
who served overseas operationally in World War I any time during the 
period August 31, 1917, to January 1, 1918. Recognized effective August 
30, 1990.
    (35) Service by U.S. civilians of the American Field Service (AFS) 
who served overseas under U.S. Armies and U.S. Army Groups in World War 
II any time during the period December 7, 1941, to May 8, 1945. 
Recognized effective August 30, 1990.
    (36) Service by U.S. Merchant Seamen who served on blockships in 
support of Operation Mulberry. Recognized effective October 18, 1985.
    (37) Service by Wake Island Defenders from Guam. Recognized 
effective April 7, 1982.
    (38) Service by Women's Air Forces Service Pilots (WASP). 
Recognized effective November 23, 1977.
    (39) Service by persons who were injured while providing aerial

[[Page 27159]]

transportation of mail and serving under conditions set forth in Public 
Law 73-140.
    (40) Service in the Alaska Territorial Guard during World War II, 
for any person who the Secretary of Defense determines was honorably 
discharged.
    (41) Service by Army field clerks.
    (42) Service by Army Nurse Corps, Navy Nurse Corps, and female 
dietetic and physical therapy personnel as follows:
    (i) Female Army and Navy nurses on active service under order of 
the service department; or
    (ii) Female dietetic and physical therapy personnel, excluding 
students and apprentices, appointed with relative rank after December 
21, 1942, or commissioned after June 21, 1944.
    (43) Service by students who were enlisted men in Aviation camps 
during World War I.
    (44) Active service in the Coast Guard after January 28, 1915, 
while under the jurisdiction of the Treasury Department, the Navy 
Department, the Department of Transportation, or the Department of 
Homeland Security. This does not include temporary members of the Coast 
Guard Reserves.
    (45) Service by contract surgeons if the disability was the result 
of injury or disease contracted in the line of duty during a period of 
war while actually performing the duties of assistant surgeon or acting 
assistant surgeon with any military force in the field, or in transit, 
or in a hospital.
    (46) Service by field clerks of the Quartermaster Corps.
    (47) Service by lighthouse service personnel who were transferred 
to the service and jurisdiction of the War or Navy Departments by 
Executive Order under the Act of August 29, 1916. Effective July 1, 
1939, service was consolidated with the Coast Guard.
    (48) Service by male nurses who were enlisted in a Medical Corps.
    (49) Service by persons having a pensionable or compensable status 
before January 1, 1959.
    (50) Service by a Commonwealth Army veteran or new Philippine 
Scout, as defined in 38 U.S.C. 1735, who resides in the United States 
and is a citizen of the United States or an alien lawfully admitted to 
the United States for permanent residence; service by Regular 
Philippine Scouts and service in the Insular Force of the Navy, Samoan 
Native Guard, or Samoan Native Band of the Navy.
    (51) Service with the Revenue Cutter Service while serving under 
direction of the Secretary of the Navy in cooperation with the Navy. 
Effective January 28, 1915, the Revenue Cutter Service was merged into 
the Coast Guard.
    (52) Service during World War I in the Russian Railway Service 
Corps as certified by the Secretary of the Army.
    (53) Service by members of training camps authorized by section 54 
of the National Defense Act (Pub. L. 64-85, 39 Stat. 166), except for 
members of Student Army Training Corps Camps at the Presidio of San 
Francisco; Plattsburg, New York; Fort Sheridan, Illinois; Howard 
University, Washington, DC; Camp Perry, Ohio; and Camp Hancock, 
Georgia, from July 18, 1918, to September 16, 1918.
    (54) Service in the Women's Army Corps (WAC) after June 30, 1943.
    (55) Service in the Women's Reserve of the Navy, Marine Corps, and 
Coast Guard.
    (56) Effective July 28, 1959, service by a veteran who was 
discharged for alienage during a period of hostilities unless evidence 
affirmatively shows the veteran was discharged at his or her own 
request. A veteran who was discharged for alienage after a period of 
hostilities and whose service was honest and faithful is not barred 
from benefits if he or she is otherwise entitled. A discharge changed 
prior to January 7, 1957, to honorable by a board established under 10 
U.S.C. 1552 and 1553 will be considered as evidence that the discharge 
was not at the alien's request.
    (57) Attendance at the preparatory schools of the United States Air 
Force Academy, the United States Military Academy, or the United States 
Naval Academy for enlisted active duty members who are reassigned to a 
preparatory school without a release from active duty, and for other 
individuals who have a commitment to active duty in the Armed Forces 
that would be binding upon disenrollment from the preparatory school.
    (58) For purposes of providing medical care under chapter 17 for a 
service-connected disability, service by any person who has suffered an 
injury or contracted a disease in line of duty while en route to or 
from, or at, a place for final acceptance or entry upon active duty 
and:
    (i) Who has applied for enlistment or enrollment in the active 
military, naval, or air service and has been provisionally accepted and 
directed or ordered to report to a place for final acceptance into such 
service;
    (ii) Who has been selected or drafted for service in the Armed 
Forces and has reported pursuant to the call of the person's local 
draft board and before rejection; or
    (iii) Who has been called into the Federal service as a member of 
the National Guard, but has not been enrolled for the Federal service.

    Note to paragraph (b)(58): The injury or disease must be due to 
some factor relating to compliance with proper orders. Draftees and 
selectees are included when reporting for preinduction examination 
or for final induction on active duty. Such persons are not included 
for injury or disease suffered during the period of inactive duty, 
or period of waiting, after a final physical examination and prior 
to beginning the trip to report for induction. Members of the 
National Guard are included when reporting to a designated 
rendezvous.

    (59) Authorized travel to or from such duty or service, as 
described in this section.
    (60) The period of time immediately following the date an 
individual is discharged or released from a period of active duty, as 
determined by the Secretary concerned to have been required for that 
individual to proceed to that individual's home by the most direct 
route, and in any event until midnight of the date of such discharge or 
release.
    (c) Active duty for training means:
    (1) Full-time duty in the Armed Forces performed by Reserves for 
training purposes.
    (2) Full-time duty for training purposes performed as a 
commissioned officer of the Reserve Corps of the Public Health service 
during the period covered in paragraph (b)(2) of this section.
    (3) In the case of members of the Army National Guard or Air 
National Guard of any State, full-time duty under sections 316, 502, 
503, 504, or 505 of title 32 U.S.C., or the prior corresponding 
provisions of law.
    (4) Duty performed by a member of a Senior Reserve Officers' 
Training Corps program when ordered to such duty for the purpose of 
training or a practice cruise under chapter 103 of title 10 U.S.C. for 
a period of not less than four weeks and which must be completed by the 
member before the member is commissioned.
    (5) Attendance at the preparatory schools of the United States Air 
Force Academy, the United States Military Academy, or the United States 
Naval Academy by an individual who enters the preparatory school 
directly from the Reserves, National Guard or civilian life, unless the 
individual has a commitment to service on active duty which would be 
binding upon disenrollment from the preparatory school.
    (6) Authorized travel to or from such duty as described in 
paragraph (c) of this section if an individual, when

[[Page 27160]]

authorized or required by competent authority, assumes an obligation to 
perform active duty for training and is disabled from an injury, acute 
myocardial infarction, a cardiac arrest, or a cerebrovascular accident 
incurred while proceeding directly to or returning directly from such 
active duty for training. Authorized travel should take into account:
    (i) The hour on which such individual began so to proceed or to 
return;
    (ii) The hour on which such individual was scheduled to arrive for, 
or on which such individual ceased to perform, such duty;
    (iii) The method of travel employed;
    (iv) The itinerary;
    (v) The manner in which the travel was performed; and
    (vi) The immediate cause of disability.
    (Note: Active duty for training does not include duty performed as 
a temporary member of the Coast Guard Reserve.)
    (d) Inactive duty training means:
* * * * *
    (4) Training (other than active duty for training) by a member of, 
or applicant for membership (as defined in 5 U.S.C. 8140(g)) in, the 
Senior Reserve Officers' Training Corps prescribed under chapter 103 of 
title 10 U.S.C.
* * * * *
    (6) Travel to or from such duty as described in this paragraph (d) 
if an individual, when authorized or required by competent authority, 
assumes an obligation to perform inactive duty training and is disabled 
from an injury, acute myocardial infarction, a cardiac arrest, or a 
cerebrovascular accident incurred while proceeding directly to or 
returning directly from such inactive duty training. Authorized travel 
should take into account:
    (i) The hour on which such individual began so to proceed or to 
return;
    (ii) The hour on which such individual was scheduled to arrive for, 
or on which such individual ceased to perform, such duty;
    (iii) The method of travel employed;
    (iv) The itinerary;
    (v) The manner in which the travel was performed; and
    (vi) The immediate cause of disability.

    (Authority: 38 U.S.C. 101, 106, 501, 1734 and 1735.)

[FR Doc. 2013-11051 Filed 5-8-13; 8:45 am]
BILLING CODE 8320-01-P