Veterans’ Benefits: Eligibility of Merchant Mariners

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Veterans’ Benefits:

Eligibility of Merchant Mariners

,name redacted,

Analyst in Disability Policy

January 27, 2017

Congressional Research Service

7-....

www.crs.gov

R44162

Veterans’ Benefits: Eligibility of Merchant Mariners

Summary

Although merchant mariners have supported the Armed Forces in every war fought by the United

States, they generally are not considered veterans for the purpose of eligibility for federal

benefits. Pursuant to legislation enacted in 1977 (P.L. 95-202) and 1988 (P.L. 105-368) and to

decisions made by the Secretary of the Air Force in 1985 and 1988, the following groups of

World War II-era merchant mariners are the only merchant mariners eligible for veterans’

benefits.

Eligible for all veterans’ benefits:

 United States merchant seamen who served on blockships in support of

Operation Mulberry.

 American merchant marine in oceangoing service during the period of armed

conflict, December 7, 1941, to August 15, 1945, and who meet the following

qualifications:

 employed by the War Shipping Administration or Office of Defense

Transportation (or their agents) as a merchant seaman documented by the

U.S. Coast Guard or the Department of Commerce (Merchant Mariner’s

Document/Certificate of Service) or as a civil servant employed by the U.S.

Army Transport Service (later redesignated U.S. Army Transportation Corps,

Water Division) or the Naval Transportation Service; and

 served satisfactorily as a crew member during the period of armed conflict,

December 7, 1941, to August 15, 1945, aboard

 merchant vessels in oceangoing—that is, foreign, intercoastal, or

coastwise—service (per 46 U.S.C. §§10301 and 10501) and further to

include near foreign voyages between the United States and Canada,

Mexico, or the West Indies via ocean routes, or

 public vessels in oceangoing service or foreign waters.

Eligible for burial benefit and national cemetery interment only:

 Served between August 16, 1945, and December 31, 1946, as a member of the

United States merchant marine (including the Army Transport Service and the

Naval Transport Service), serving as a crewmember of a vessel that was

 operated by the War Shipping Administration or the Office of Defense

Transportation (or an agent of either);

 operated in waters other than inland waters, the Great Lakes, and other lakes,

bays, and harbors of the United States;

 under contract or charter to, or property of, the government of the United

States; and

 serving the Armed Forces; and

 while so serving, was licensed or otherwise documented for service as a

crewmember of such a vessel by an officer or employee of the United

States authorized to license or document the person for such service.

H.R. 154, the Honoring Our WWII Merchant Mariners Act of 2017, would provide one-time

compensation of $25,000 to World War-II merchant mariners to account for benefits they were

not able to access before being granted veterans’ benefit eligibility.

Congressional Research Service

Veterans’ Benefits: Eligibility of Merchant Mariners

Contents

Introduction ..................................................................................................................................... 1

Early Efforts to Secure Benefits for Merchant Mariners ................................................................. 1

The GI Bill Improvement Act of 1977, P.L. 95-202.................................................................. 2

Active Duty Status Determinations of Merchant Mariners ....................................................... 2

Schumacher v. Aldridge: Litigation Contesting the Denials of Active Duty Status ............ 3

Reconsideration of Denials of Active Duty Status.............................................................. 3

The Veterans Programs Enhancement Act of 1988, P.L. 105-368 ................................................... 4

Current Eligibility Rules for Merchant Mariners ............................................................................ 4

Considered Active Duty and Eligible for All Veterans’ Benefits .............................................. 4

Eligible for Burial Benefits and National Cemetery Interment Only ........................................ 5

Current Issues and Legislation ........................................................................................................ 5

H.R. 154, Honoring Our WWII Merchant Mariners Act of 2017 ............................................. 5

Contacts

Author Contact Information ............................................................................................................ 6

Congressional Research Service

Veterans’ Benefits: Eligibility of Merchant Mariners

Introduction

In every war fought by the United States, civilian ships have supported military operations by

transporting supplies and personnel. The civilians that have served on these vessels historically

have worked in varying capacities either for private shipping companies under contract with the

federal government or for the government itself. These civilians are collectively referred to as

merchant mariners. In World War II, an estimated 8,500 merchant mariners were killed and

11,000 were wounded.1 During Operation Enduring Freedom (OEF) and Operation Iraqi Freedom

(OIF), it is estimated that 63% of the military cargo shipped to the Middle East and Afghanistan

was delivered by U.S.-flagged commercial vessels crewed by merchant mariners and an

additional 35% of military cargo was transported by government-owned vessels crewed by

civilian federal employees and federal contractors.2

Although merchant mariners have always played an important role in support of U.S. war efforts,

they generally have not been considered veterans for the purposes of federal benefits. Currently,

only limited groups of World War II-era merchant mariners are eligible for benefits from the

Department of Veterans Affairs (VA).3

Early Efforts to Secure Benefits for Merchant

Mariners

After World War II, merchant mariners sought through legislation to gain recognition as veterans.

Legislation was introduced either to provide benefits to merchant mariners comparable to those

provided under the Servicemen’s Readjustment Act of 1944 (P.L. 78-346), commonly known as

the GI Bill, or to expand the employee benefits merchant mariners were receiving at that time.

During hearings in late 1945, the House Committee on Merchant Marine and Fisheries heard

testimony on four bills that would have provided some benefits to merchant seamen.4 One of

these bills, H.R. 2346, would have provided benefits to merchant mariners comparable to those of

other World War II veterans. Testimony in favor of H.R. 2346 was heard from a number of former

merchant seamen and the Merchant Marine Veterans Association.

Testimony in opposition to H.R. 2346 came from various agencies, including the War

Department, the Veterans Administration, and the American Legion. Opponents to granting

veteran status to merchant mariners generally focused on the freedom of a merchant mariner to

make decisions about whether or not to take a particular voyage or leave service. They also

focused on the higher earnings of merchant mariners relative to uniformed Navy personnel.

Because merchant mariners in World War II worked for a variety of private companies and government agencies,

there is no definitive casualty count. These estimates are provided by the Institute on World War II and the Human

Experience at Florida State University and are available at http://ww2.fsu.edu/The-Merchant-Marine.

U.S. Congress, House Committee on Transportation and Infrastructure, Subcommittee on Coast Guard and Maritime

Transportation, “Summary of Subject Matter,” The Status of the Merchant Marine, 113th Cong., 2nd sess., September

10, 2014, at http://transportation.house.gov/uploadedfiles/2014-09-10-coast_guard_ssm.pdf.

For additional information on who is eligible for veterans’ benefits, see CRS Report R42324, Who Is a “Veteran”?—

Basic Eligibility for Veterans’ Benefits, by (nameredacted)

U.S. Congress, House Merchant Marine and Fisheries, Benefits to Merchant Seamen, hearings on H.R. 2346, H.R.

2180, H.R. 2449, and H.R. 3500, 79th Cong., 1st sess., October 18-19, 1945; November 29-30, 1945; and December 4-5,

1945.

Congressional Research Service

Veterans’ Benefits: Eligibility of Merchant Mariners

H.R. 476, introduced in 1947, would have expanded the existing benefits for merchant seamen

related to health care and disability and introduced an education benefit.

Ultimately, no legislation was enacted in the immediate aftermath of World War II to grant

veteran status to merchant mariners or to provide additional benefits to merchant mariners related

to health care, disability, or education.

The GI Bill Improvement Act of 1977, P.L. 95-202

Section 401 of the GI Bill Improvement Act of 1977 (P.L. 95-202) granted veterans’ benefit

eligibility to civilians who served as Women’s Air Forces Service Pilots (WASPS) during World

War II. In addition, Section 401 of P.L. 95-202 provided the Secretary of Defense the authority to

extend “active duty” status for the purpose of eligibility for federal veterans’ benefits to other

groups of civilian federal employees or contractors who rendered service to the Armed Forces and

were “similarly situated” to the WASPS.

Regulations implementing P.L. 95-202, issued as Department of Defense Directive 1000.20,

delegated the authority to grant active duty status to civilian groups to the Secretary of the Air

Force.5 In addition, Directive 1000.20 established the Department of Defense Civilian/Military

Service Review Board to review each application for active duty status. The factors to be used in

reviewing such applications included the uniqueness of service rendered by the group and

whether or not the group was subject to military control, discipline, and justice.

A complete list of groups granted active duty status for the purpose of eligibility for veterans’

benefits pursuant to P.L. 95-202 is provided in regulation.6

Active Duty Status Determinations of Merchant Mariners

In 1982, the Secretary of the Air Force rejected the application for active duty status for

oceangoing merchant mariners who served during World War II.7 In 1985, the Secretary rejected

the applications of merchant mariners who served in contested waters in World War II, merchant

mariners involved in any military invasion during World War II, and all merchant mariners

involved in Operation Mulberry during World War II.8 These rejections were recommended by

the Civilian/Military Service Review Board. The rejection of the oceangoing merchant mariners

was based on the Secretary of the Air Force’s decision that these groups



received only limited military training;

did not render service exclusively for the Armed Forces;

were not subject exclusively to military discipline;

were not subject to “pervasive” military control;

32 C.F.R. Part 47, originally issued at Department of Defense, “DOD Directive 1000.20, Part 47-Determinations of

Active Military Service and Discharge,” 44 Federal Register 11220, February 28, 1979, with current version issued at

Department of Defense, “DOD Directive 1000.20, Active Duty Service Determinations for Civilian or Contractual

Groups,” 54 Federal Register 3991, September 29, 1989.

38 C.F.R. §3.7.

Department of Defense, “Determination of Active Military Service of Discharge; Civilian or Contractual Personnel,”

47 Federal Register 5755, February 8, 1982.

Department of Defense, “Determination of Active Military Service; Civilian or Contractual Personnel,” 50 Federal

landings in France.

Congressional Research Service

Veterans’ Benefits: Eligibility of Merchant Mariners



had no reasonable expectation of “active military service” status, and

were not part of a wartime organization formed for or because of a wartime

need.9

In recommending the rejection of the application of the Operation Mulberry group, the

Civilian/Military Service Review Board stated that this group “was too broad and diverse to make

an adequate determination as to the roles played by the multitude of subgroups and members that

made up Operation Mulberry.”10

However, although the application of all merchant mariners that participated in Operation

Mulberry was rejected, the application of those who served only on blockships during this

operation was approved.11 In recommending the approval of the blockship group’s application,

the Civilian/Military Review Board stated that

[t]hese merchant marines performed a uniquely military mission in a combat zone that

would not normally be considered a mission of the Merchant Marine. The merchant

crews were not tasked with delivering a cargo, per se, but were asked to be a part of a

team to create an artificial harbor a beachhead mission normally associated with military

engineers for a military operation. This is not a mission that the Merchant Marine

historically perform. This group, then, was a creation of World War II for that specific

time and place, i.e., the Invasion of Normandy.12

Schumacher v. Aldridge: Litigation Contesting the Denials of Active

Duty Status

Following the 1985 rejections of applications of merchant mariners for active duty status, a

lawsuit was filed challenging the denial of active duty status for World War II oceangoing

merchant mariners and those who participated in World War II invasions.13 The plaintiffs argued

that the merchant mariners included in these applications satisfied the established criteria to a

greater extent than many of the previously approved groups and argued that the denials were

inconsistent with the Secretary of the Air Force’s prior decisions. The Secretary of the Air Force

responded that the plaintiffs misunderstood the designation criteria and outlined characteristics

that the approved groups shared.

The U.S. District Court for the District of Columbia ruled that the Secretary of the Air Force erred

in rejecting the applications of the oceangoing merchant mariners and those that participated in

World War II invasions. The court remanded these individuals’ applications back to the Secretary

of the Air Force for reconsideration.

Reconsideration of Denials of Active Duty Status

In 1988, following the Schumacher decision, the Secretary of the Air Force granted active duty

status for the purpose of eligibility for veterans’ benefits to World War II-era merchant mariners

Schumacher v. Aldridge, 665 F. Supp. 50 (D.D.C. 1987).

Ibid., 51.

Blockships were deliberately sunk to provide breakwaters to support the D-Day landings in France.

Schumacher v. Aldridge, 665 F. Supp. 51 (D.D.C. 1987).

Ibid., 50. The rejection of the application of merchant mariners who served in Operation Mulberry, other than on

blockships, was not challenged in this lawsuit.

Congressional Research Service

Veterans’ Benefits: Eligibility of Merchant Mariners

who served on vessels engaged in oceangoing service from December 7, 1941, to August 15,

1945.14

The Veterans Programs Enhancement Act of 1988,

P.L. 105-368

Section 402 of the Veterans Programs Enhancement Act of 1988 (P.L. 105-368) extended

veterans’ burial benefits and the right to interment in national cemeteries to merchant mariners

who served on vessels engaged in oceangoing service from August 16, 1945, to December 31,

1946.

In 1999, the Secretary of the Air Force determined that the service of oceangoing merchant

marines during the period from August 15, 1945, to December 31, 1946 (those covered by P.L.

105-368) is not considered active duty under the provisions of P.L. 95-202 for the purposes of

other benefits administered by the VA.15

Current Eligibility Rules for Merchant Mariners

Under current law and regulations, only the following groups of merchant mariners are

considered to have served on active duty or are otherwise eligible for veterans’ benefits. No other

merchant mariners are eligible for any veterans’ benefits administered by the VA.

Considered Active Duty and Eligible for All Veterans’ Benefits



United States merchant seamen who served on blockships in support of

Operation Mulberry.16

American merchant marine in oceangoing service during the period of armed

conflict, December 7, 1941, to August 15, 1945, and who meet the following

qualifications:

 was employed by the War Shipping Administration or Office of Defense

Transportation (or their agents) as a merchant seaman documented by the

U.S. Coast Guard or the Department of Commerce (Merchant Mariner’s

Document/Certificate of Service) or as a civil servant employed by the U.S.

Army Transport Service (later redesignated U.S. Army Transportation Corps,

Water Division) or the Naval Transportation Service; and

 served satisfactorily as a crew member during the period of armed conflict,

December 7, 1941, to August 15, 1945, aboard

 merchant vessels in oceangoing—that is, foreign, intercoastal, or

coastwise—service (per 46 U.S.C. §§10301 and 10501) and further to

Department of Defense, “Determinations of Active Military Service and Discharge; Civilian or Contractual

Personnel,” 53 Federal Register 2775, February 1, 1988. There was no specific decision made regarding merchant

mariners who participated in invasions during World War II.

Department of Defense, “Active Duty Service Determinations for Civilian or Contractual Groups,” 64 Federal

38 C.F.R. §3.7(x)(14).

Congressional Research Service

Veterans’ Benefits: Eligibility of Merchant Mariners



include near foreign voyages between the United States and Canada,

Mexico, or the West Indies via ocean routes, or

public vessels in oceangoing service or foreign waters.17

Eligible for Burial Benefits and National Cemetery

Interment Only18



Served between August 16, 1945, and December 31, 1946, as a member of the

United States merchant marine (including the Army Transport Service and the

Naval Transport Service) serving as a crewmember of a vessel that was

 operated by the War Shipping Administration or the Office of Defense

Transportation (or an agent of either);

 operated in waters other than inland waters, the Great Lakes, and other lakes,

bays, and harbors of the United States;

 under contract or charter to, or property of, the government of the United

States; and

 serving the Armed Forces; and

 while so serving, was licensed or otherwise documented for service as a

crewmember of such a vessel by an officer or employee of the United

States authorized to license or document the person for such service.19

Current Issues and Legislation

Although some World War II-era merchant mariners were granted eligibility for veterans’ benefits

in 1985 and 1988, the passage of time between their service and the granting of this eligibility

may have made it impossible for them to fully access these benefits. For example, when these

former merchant mariners were of typical college age after the war, they were not eligible for

benefits under the GI Bill. In addition, those with service-connected disabilities or medical

conditions may have lost out on nearly 40 years of VA disability compensation or medical

benefits.

H.R. 154, Honoring Our WWII Merchant Mariners Act of 2017

H.R. 154, the Honoring Our WWII Merchant Mariners Act of 2017, would provide compensation

to former World War II-era merchant mariners to account for the benefits they were not able to

access before being granted veterans’ benefit eligibility in the 1980s. Similar legislation has been

introduced in each Congress since the 108th Congress.

38 C.F.R. §3.7(x)(15) and Department of Defense, “Determinations of Active Military Service and Discharge;

Civilian or Contractual Personnel,” 53 Federal Register 2775, February 1, 1988.

This section does not include eligibility for interment or inurnment at Arlington National Cemetery, which is

administered by the Department of the Army. Pursuant to P.L. 114-158, effective for inurnments and deaths occurring

after May 20, 2016, the cremated remains of any civilians granted active-duty status pursuant to the GI Bill

Improvement Act of 1977, including World War II-era merchant mariners, may be inurned in the Columbarium or

Niche Wall at Arlington Cemetery. Civilians granted active-duty status are not eligible for ground burial at Arlington

National Cemetery.

46 U.S.C. §11202.

Congressional Research Service

Veterans’ Benefits: Eligibility of Merchant Mariners

Specifically, this legislation would provide a one-time payment of $25,000 to any merchant

mariner who served between December 7, 1941, and December 31, 1946, and who otherwise

meets the definition of service provided for burial benefits and interment eligibility in P.L. 105368. Eligible persons would have one year from the date of enactment of the legislation to apply

for benefits. A total of $125 million would be authorized to be appropriated in FY2017 for these

benefits, to be available until expended.

Although the benefits created by this legislation would partially compensate former merchant

mariners for lost benefits, H.R. 154 would place the former merchant mariners in a unique

position compared to other civilians who served in World War II and other veterans.

Active duty status for the purposes of eligibility for veterans’ benefits has been extended under

the provisions of P.L. 95-202 to 33 groups of civilians who served during World Wars I and II, all

of whom can claim to have missed the opportunity to claim certain benefits during the period

between their service and the granting of active duty status. However, if H.R. 154 were to be

enacted, only the two merchant mariner groups would be eligible for any form of compensation to

account for these lost benefits.

In addition, merchant mariners would join Medal of Honor winners as the only groups eligible for

cash compensation from the VA without having to demonstrate a financial hardship (for VA

pension benefits) or a service-connected disability (for VA disability compensation).20

Author Contact Information

(name redacted)

Analyst in Disability Policy

[redacted]@crs.loc.gov , 7-....

For additional information on Department of Veterans Affairs pension benefits and disability compensation, see CRS

Report RS22804, Veterans’ Benefits: Pension Benefit Programs, by (name redacted) and

(name redacted)and CRS

Report RL34626, Veterans’ Benefits: Disabled Veterans, by (name redacted) et al.

Congressional Research Service

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