Active Military Service Certified Under Section 401 of Public Law 95-202

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AG81

Active Military Service Certified Under Section 401 of Public Law

95-202

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) has amended its

regulations concerning persons who are included as having served on

active duty. The need for this action results from recent decisions of

the Secretary of the Air Force that the service of the group known as

``U.S. Civilian Flight Crew and Aviation Ground Support Employees of

Northwest Airlines, Who Served Overseas as a Result of Northwest

Airline's Contract with the Air Transport Command during the Period

December 14, 1941 through August 14, 1945,'' and the group known as

``U.S. Civilian Female Employees of the U.S. Army Nurse Corps While

Serving in the Defense of Bataan and Corregidor during the Period

January 2, 1942 to February 3, 1945,'' constitutes active military

service in the Armed Forces of the United States for purposes of all

laws administered by VA. The effect of this action is to confer veteran

status for VA benefit purposes on former members of these groups who

were discharged under honorable conditions.

EFFECTIVE DATE: The effective date is December 13, 1993, the date on

which the Secretary of the Air Force determined that such service

constitutes active duty.

FOR FURTHER INFORMATION CONTACT: Paul Trowbridge, Consultant,

Regulations Staff, Compensation and Pension Service, Veterans Benefits

Administration, 810 Vermont Avenue NW., Washington, DC 20420, telephone

(202) 273-7210.

SUPPLEMENTARY INFORMATION: Section 401 of Public Law 95-202 authorized

the Secretary of Defense to determine whether the service of members of

civilian or contractual groups shall be considered active duty for the

purposes of all laws administered by VA.

A notice of certification of the following group by the Secretary

of the Air Force appeared in the Federal Register of January 4, 1994

(59 FR 297): U.S. Civilian Flight Crew and Aviation Ground Support

Employees of Northwest Airlines, Who Served Overseas as a Result of

Northwest Airline's Contract with the Air Transport Command during the

Period December 14, 1941 through August 14, 1945.

A notice of certification of the following group by the Secretary

of the Air Force appeared in the Federal Register of January 4, 1994

(59 FR 298): U.S. Civilian Female Employees of the U.S. Army Nurse

Corps While Serving in the Defense of Bataan and Corregidor During the

Period January 2, 1942 to February 3, 1945.

VA is issuing a final rule to amend the provisions of 38 CFR

3.7(x). Because this change implements determinations of the Secretary

of the Air Force in accordance with Public Law 95-202, which are

binding on VA, publication as a proposal is unnecessary.

Since a notice of proposed rulemaking is unnecessary and will not

be published, this amendment is not a ``rule'' as defined in and made

subject to the Regulatory Flexibility Act (RFA), 5 U.S.C. 601(2). In

any case, this regulatory amendment will not have a significant

economic impact on a substantial number of small entities as they are

defined in the RFA, 5 U.S.C. 601-612. This amendment will not directly

affect any small entity.

There is no affected Catalog of Federal Domestic Assistance program

number.

List of Subjects in 38 CFR Part 3

Administrative practice and procedure, Claims, Handicapped, Health

care, Pensions, Veterans.

Approved: June 10, 1994.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the preamble, 38 CFR part 3 is amended

to read as follows:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity

Compensation

1. The authority citation for part 3, subpart A continues to read

as follows:

Authority: 38 U.S.C. 501(a), unless otherwise noted.

2. In Sec. 3.7, remove the authority citation that appears after

paragraph (x)(23) and insert new paragraphs (x)(27) and (x)(28) and an

authority citation to read as follows:

Sec. 3.7 Persons included.

* * * * *

(x) Active military service certified as such under section 401 of

Pub. L. 95-202. * * *

(27) U.S. Civilian Flight Crew and Aviation Ground Support

Employees of Northwest Airlines, Who Served Overseas as a Result of

Northwest Airline's Contract with the Air Transport Command during the

Period December 14, 1941 through August 14, 1945.

(28) U.S. Civilian Female Employees of the U.S. Army Nurse Corps

While Serving in the Defense of Bataan and Corregidor During the Period

January 2, 1942 to February 3, 1945.

(Authority: Sec. 401, Pub. L. 95-202, 91 Stat. 1450)

[FR Doc. 94-16115 Filed 7-1-94; 8:45 am]

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