## Section B. Eligibility for Benefits

#### Overview

+------------+---------------------------------------------------------+
| #          | > This section contains the following topics:           |
| #### In th |                                                         |
| is Section |                                                         |
+------------+---------------------------------------------------------+

  ------------ ---------------------------------------------- ------------
  Topic        Topic Name                                     See Page

  3            Eligibility for Benefits Based on Service in   4-B-2
               the United States Army                         

  4            Eligibility for Benefits Based on Service in   4-B-3
               the Philippine Army                            

  5            Eligibility for Benefits Based on Service in   4-B-5
               the Philippine Scouts                          

  6            Eligibility for Benefits Based on Guerrilla    4-B-6
               Service                                        
  ------------ ---------------------------------------------- ------------

#### 3. Eligibility for Benefits Based on Service in the United States Army

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information on the eligibility    |
| troduction | > for benefits based on service in the United States    |
|            | > Army, including information on                        |
|            |                                                         |
|            | -   who is eligible for benefits                        |
|            |                                                         |
|            | -   eligibility of veterans with service in the 14^th^  |
|            |     Infantry, Army of the United States (AUS), and      |
|            |                                                         |
|            | -   benefit rates payable.                              |
+============+=========================================================+
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > August 14, 2006                                       |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### a    | > Veterans who served in the United States Army are     |
| . Who Is E | > eligible for all benefits based on existing laws.     |
| ligible fo |                                                         |
| r Benefits |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ###        | > Veterans who served in the 14^th^ Infantry, Army of   |
| ## b. Elig | > the United States (AUS), as distinguished from other  |
| ibility of | > 14^th^ Infantry organizations, are recognized *only*  |
|  Veterans  | > if an affirmative recertification dated August 1,     |
| With Servi | > 1953, or later is of record.                          |
| ce in the  | >                                                       |
| 14^th^ Inf | > When a previous certification of 14^th^ Infantry, AUS |
| antry, AUS | > service, is withdrawn, take action on pending claims  |
|            | > and running awards depending on whether the veteran   |
|            | > had other compensable service in the                  |
|            |                                                         |
|            | -   Philippine Army                                     |
|            |                                                         |
|            | -   Philippine Scouts, or                               |
|            |                                                         |
|            | -   guerrilla organization.                             |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### c. B | > Pay benefits at the full rate authorized by the       |
| enefit Rat | > applicable law.                                       |
| es Payable |                                                         |
+------------+---------------------------------------------------------+

#### 4. Eligibility for Benefits Based on Service in the Philippine Army

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information on eligibility for    |
| troduction | > benefits based on service in the Philippine Army,     |
|            | > including information on                              |
|            |                                                         |
|            | -   the time frame during which the                     |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   Philippine Army served in the United States Army,   |
|            |     and                                                 |
|            |                                                         |
|            | -   service of the Philippine Army in the United States |
|            |     Army was terminated                                 |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   benefit eligibility of veterans                     |
|            |                                                         |
|            | -   benefit eligibility of survivors, and               |
|            |                                                         |
|            | -   benefit rates payable.                              |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > August 14, 2006                                       |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #####      | > On July 26, 1941, the President of the United States  |
|  a. Servic | > ordered the organized military forces of the          |
| e of the P | > Government of the Philippines into the service of the |
| hilippine  | > Armed Forces of the United States.                    |
| Army in th | >                                                       |
| e United S | > This order was not effective from the date of its     |
| tates Army | > issuance, but "*From and after the dates and hours,   |
|            | > respectively, indicated in orders to be issued from   |
|            | > time to time by the General Officer, United States    |
|            | > Army, designated by the Secretary of War*."           |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### b. T | > On June 30, 1946, service of the Philippine Army in   |
| ermination | > the United States Army was terminated by military     |
|  of Servic | > order of the President of the United States, dated    |
| e of the P | > July 1, 1946.                                         |
| hilippine  |                                                         |
| Army in th |                                                         |
| e United S |                                                         |
| tates Army |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### c. B | > Veterans with service in the Philippine Army are      |
| enefit Eli | > entitled *only* to service-connected (SC)             |
| gibility o | > compensation and clothing allowance benefits. They    |
| f Veterans | > are *not* entitled to pension.                        |
+------------+---------------------------------------------------------+

Continued on next page

4\. Eligibility for Benefits Based on Service in the Philippine Army,
Continued

+------------+---------------------------------------------------------+
| #          | > Survivors of a person whose sole service was in the   |
| #### d. Be | > Philippine Army are *only* eligible for SC death      |
| nefit Elig | > benefits and burial allowance. They are *not*         |
| ibility of | > entitled to death pension.                            |
|  Survivors |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### e. B | > Benefits to veterans and survivors are payable at the |
| enefit Rat | > half-dollar rate, which is a rate equivalent to       |
| es Payable | > \$0.50 for each dollar authorized to be paid.         |
|            | >                                                       |
|            | > ***Exceptions***:                                     |
|            |                                                         |
|            | -   Disability compensation and burial benefits may be  |
|            |     payable at the full rate for veterans who           |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   are U.S. citizens or permanent resident aliens, and |
|            |                                                         |
|            | -   reside in the U.S. or resided in the U.S. or its    |
|            |     territories at the time of death.                   |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   Dependency and Indemnity Compensation (DIC) may be  |
|            |     payable at the full rate for survivors who          |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   are U.S. citizens or permanent resident aliens, and |
|            |                                                         |
|            | -   reside in the U.S or its territories.               |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   If the service department certifies that Philippine |
|            |     Army service was followed by AUS service and        |
|            |     disability or death was the result of the AUS       |
|            |     service, benefits are payable at the full rate and  |
|            |     income for dependent parents or Parents' DIC is     |
|            |     computed at the full rate.                          |
|            |                                                         |
|            | > ***References***: For more information on             |
|            |                                                         |
|            | -   compensation benefits payable at the full-dollar    |
|            |     rate based on U.S. residency, see M21-1MR, Part     |
|            |     III, Subpart vi, 4.D.18, and                        |
|            |                                                         |
|            | -   burial benefits payable at the full-dollar rate     |
|            |     based on U.S. residency, see M21-1MR, Part III,     |
|            |     Subpart vi, 4.D.19.                                 |
+------------+---------------------------------------------------------+

#### 5. Eligibility for Benefits Based on Service in the Philippine Scouts

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information on the                |
| troduction |                                                         |
|            | -   eligibility requirements for veterans who served as |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   Regular Philippine Scouts, and                      |
|            |                                                         |
|            | -   Special Philippine Scouts, and                      |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   benefit rates payable.                              |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > August 14, 2006                                       |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### a.   | > Regular Philippine Scouts who enlisted prior to       |
| Eligibilit | > October 6, 1945, are entitled to the same benefits as |
| y of Regul | > those that United States Army veterans and their      |
| ar Philipp | > dependents are eligible for under all applicable      |
| ine Scouts | > laws.                                                 |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### b.   | > Special Philippine Scouts whose only service began on |
| Eligibilit | > or after October 6, 1945, under *Public Law (PL)      |
| y of Speci | > 79-190*, are entitled *only* to SC compensation and   |
| al Philipp | > clothing allowance benefits. Their dependents are     |
| ine Scouts | > entitled only to SC death benefits and burial         |
|            | > allowance.                                            |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### c. B | > Benefits for                                          |
| enefit Rat |                                                         |
| es Payable | -   regular Philippine Scouts and their dependents are  |
|            |     payable at the full rate authorized by applicable   |
|            |     law, and                                            |
|            |                                                         |
|            | -   special Philippine Scouts and their dependents are  |
|            |     payable at the half-dollar rate, which is a rate    |
|            |     equivalent to \$0.50 for each dollar authorized to  |
|            |     be paid under [38 U.S.C.                            |
|            |     107(b)](http://straylight.law.cornell.edu/          |
|            | uscode/html/uscode38/usc_sec_38_00000107----000-.html). |
|            |                                                         |
|            | > ***Exception***: Disability compensation, DIC, and    |
|            | > burial benefits may be payable at the full-dollar     |
|            | > rate for special Philippine Scouts and their          |
|            | > dependents who                                        |
|            |                                                         |
|            | -   are U.S. citizens or permanent resident aliens, and |
|            |                                                         |
|            | -   reside in the U.S. or resided in the U.S. or its    |
|            |     territories at the time of death.                   |
|            |                                                         |
|            | > ***Reference***: For more information on benefits     |
|            | > payable at the full-dollar rate based on U.S.         |
|            | > residency, see M21-1MR, Part III, Subpart vi, 4.D.    |
+------------+---------------------------------------------------------+

#### 6. Eligibility for Benefits Based on Guerrilla Service

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information on the eligibility of |
| troduction | > guerrilla service for benefits, including             |
|            |                                                         |
|            | -   the definition of the term ***guerrilla***          |
|            |                                                         |
|            | -   the definition of the term ***United States Armed   |
|            |     Forces in the Far East (USAFFE) guerrilla***        |
|            |                                                         |
|            | -   eligibility of veterans with USAFFE guerrilla       |
|            |     service                                             |
|            |                                                         |
|            | -   the service requirements for benefits               |
|            |                                                         |
|            | -   one-day recognition of guerrilla service            |
|            |                                                         |
|            | -   closing of the guerrilla rosters, and               |
|            |                                                         |
|            | -   benefit rates payable.                              |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > August 14, 2006                                       |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### a. D | > A ***guerrilla*** is a person who served in a unit    |
| efinition: | > that resisted the Japanese after capitulation of the  |
|  Guerrilla | > Armed Forces. The unit must have been under a         |
|            | > commissioned officer of the                           |
|            |                                                         |
|            | -   United States Army                                  |
|            |                                                         |
|            | -   United States Navy                                  |
|            |                                                         |
|            | -   United States Marine Corps, or                      |
|            |                                                         |
|            | -   Philippine Army, that was recognized by, and        |
|            |     cooperating with, the Armed Forces of the United    |
|            |     States.                                             |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### b    | > A ***United States Armed Forces in the Far East***    |
| . Definiti | > (***USAFFE***) ***guerrilla*** is a guerrilla who     |
| on: USAFFE | > also had service in the Armed Forces of the United    |
|  Guerrilla | > States, including the Regular Philippine Scouts or    |
|            | > the Philippine Army.                                  |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##         | > Veterans who provided acceptable guerrilla service as |
| ### c. Eli | > USAFFE guerrillas are eligible to receive SC          |
| gibility o | > compensation and clothing allowance benefits. Their   |
| f Veterans | > dependents are eligible to receive SC death benefits  |
|  With USAF | > and burial allowance.                                 |
| FE Guerril |                                                         |
| la Service |                                                         |
+------------+---------------------------------------------------------+

Continued on next page

6\. Eligibility for Benefits Based on Guerrilla Service, Continued

+------------+---------------------------------------------------------+
| ##### d.   | > The table below describes the three categories of     |
| Guerrilla  | > guerrilla service and the corresponding service       |
| Service Re | > requirements for benefits.                            |
| quirements |                                                         |
+------------+---------------------------------------------------------+

+------------------+---------------------------------------------------+
| Category of      | Description                                       |
| Guerrilla        |                                                   |
| Service          |                                                   |
+------------------+---------------------------------------------------+
| 1                | Service recognized by Guerrilla Affairs Division  |
|                  | (GAD) as shown on a reconstructed troop roster,   |
|                  | casualty roster, or individual letter of          |
|                  | recognition.                                      |
|                  |                                                   |
|                  | This type of service is                           |
|                  |                                                   |
|                  | -   usually certified by the service department   |
|                  |     as "*Recognized guerrilla service*," and      |
|                  |                                                   |
|                  | -   qualifying service for compensation.          |
+------------------+---------------------------------------------------+
| 2                | Guerrilla service *not* recognized by GAD, but in |
|                  | a guerrilla unit under the command of a           |
|                  | commissioned officer of the U.S. Armed Forces     |
|                  | (including the Regular Philippine Scouts) or in   |
|                  | the Philippine Army,                              |
|                  |                                                   |
|                  | will be certified by the service department as    |
|                  | "*Unrecognized guerrilla service under......*"    |
|                  | (naming the officer and, if the officer was a     |
|                  | member of the Philippine Army, giving the         |
|                  | officer\'s rank and organization).                |
|                  |                                                   |
|                  | This type of service is qualifying service for    |
|                  | compensation *only* if the person was a former    |
|                  | member of the Armed Forces of the United States,  |
|                  | including the Regular Philippine Scouts, or the   |
|                  | Philippine Army.                                  |
+------------------+---------------------------------------------------+

Continued on next page

6\. Eligibility for Benefits Based on Guerrilla Service, Continued

  -----------------------------------------------------------------------
  d\. Guerrilla Service Requirements (continued)

  -----------------------------------------------------------------------

+------------------+---------------------------------------------------+
| Category of      | Description                                       |
| Guerrilla        |                                                   |
| Service          |                                                   |
+------------------+---------------------------------------------------+
| 3                | Guerrilla service *not* recognized by GAD and not |
|                  | under the command of a commissioned officer of    |
|                  | the Armed Forces of the United States or          |
|                  | Philippine Army is certified as "*Unrecognized    |
|                  | anti-Japanese activity*" and is not, in and of    |
|                  | itself, qualifying service for compensation.      |
|                  |                                                   |
|                  | However, this type of service may be considered   |
|                  | active service for Department of Veterans Affairs |
|                  | (VA) benefits under [38 CFR                       |
|                  | 3.41](http://www.w                                |
|                  | arms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_41.DOC) |
|                  | if it was performed by a person                   |
|                  |                                                   |
|                  | -   who was a former member of the Armed Forces   |
|                  |     of the United States, including the           |
|                  |                                                   |
|                  | ```{=html}                                        |
|                  | <!-- -->                                          |
|                  | ```                                               |
|                  | -   Regular Philippine Scouts, or                 |
|                  |                                                   |
|                  | -   Philippine Army, and                          |
|                  |                                                   |
|                  | ```{=html}                                        |
|                  | <!-- -->                                          |
|                  | ```                                               |
|                  | -   whose injury or death is determined to have   |
|                  |     been inflicted by the Japanese because of     |
|                  |     unrecognized anti-Japanese guerilla activity. |
+------------------+---------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### e.   | > The service department sometimes gives recognition    |
| One-Day Re | > for one day of guerilla service to a person who is    |
| cognition  | > listed on a casualty roster. The date of casualty may |
| of Guerril | > have been before the beginning date of recognition or |
| la Service | > after the terminal date of recognition of the unit.   |
|            | >                                                       |
|            | > Accept the certification by the service department in |
|            | > such cases to establish active service for the one    |
|            | > day.                                                  |
|            | >                                                       |
|            | > ***Reference***: For more information on service      |
|            | > recognized by GAD, see M21-1MR, Part III, Subpart vi, |
|            | > 4.B.6.d.                                              |
+------------+---------------------------------------------------------+

Continued on next page

6\. Eligibility for Benefits Based on Guerrilla Service, Continued

+------------+---------------------------------------------------------+
| #          | > As of June 30, 1948, the reconstructed guerrilla      |
| #### f. Cl | > rosters were closed.                                  |
| osing of t | >                                                       |
| he Guerril | > On August 9, 1949, the President of the United States |
| la Rosters | > informed the President of the Philippines that the    |
|            | > Philippine guerrilla rosters would not be reopened.   |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### g. B | > Benefits for guerrilla service are payable at the     |
| enefit Rat | > half-dollar rate, which is a rate equivalent to       |
| es Payable | > \$0.50 for each dollar authorized to be paid under    |
|            | > [38 U.S.C.                                            |
|            | > 107(a)](http://straylight.law.cornell.edu/            |
|            | uscode/html/uscode38/usc_sec_38_00000107----000-.html). |
|            | >                                                       |
|            | > ***Exception***: Disability compensation, DIC, and    |
|            | > burial benefits for veterans who are U.S. citizens or |
|            | > permanent resident aliens and reside in the U.S., or  |
|            | > resided in the U.S. or its territories at the time of |
|            | > death, may be payable at the full-dollar rate.        |
|            | >                                                       |
|            | > ***References***: For more information on             |
|            |                                                         |
|            | -   compensation and DIC benefits payable at the        |
|            |     full-dollar rate based on U.S. residency, see       |
|            |     M21-1MR, Part III, Subpart vi, 4.D.18, and          |
|            |                                                         |
|            | -   burial benefits payable at the full-dollar rate     |
|            |     based on U.S. residency, see M21-1MR, Part III,     |
|            |     Subpart vi, 4.D.19.                                 |
+------------+---------------------------------------------------------+