**§3.7 Individuals and groups considered to have performed active
military, naval,**

**or air service.**

The following individuals and groups are considered to have performed
active military, naval, or air service:

\(a\) *Aerial transportation of mail (Pub. L. 140, 73d Congress).*
Persons who were injured or died while serving under conditions set
forth in Pub. L. 140, 73d Congress.

\(b\) *Aliens.* Effective July 28, 1959, a veteran discharged for
alienage during a period of hostilities unless evidence affirmatively
shows he or she 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 authority of section 301, Pub. L.
346, 78th Congress, as amended, or section 207, Pub. L. 601, 79th
Congress, as amended (now 10 U.S.C. 1552 and 1553), will be considered
as evidence that the discharge was not at the alien's request. (See
§3.12.) (Authority: 38 U.S.C. 5303(c))

\(c\) *Army field clerks*. Included as enlisted men.

\(d\) *Army Nurse Corps, Navy Nurse Corps, and female dietetic and
physical therapy personnel*.

\(1\) Army and Navy nurses (female) on active service under order of the
service department.

\(2\) Dietetic and physical therapy (female) personnel, excluding
students and apprentices, appointed with relative rank on or after
December 22, 1942, or commissioned on or after June 22, 1944.

\(e\) *Aviation camps*. Students who were enlisted men during World War
I.

\(f\) *Cadets and midshipmen*. See §3.6(b)(4).

\(g\) *Coast and Geodetic Survey*, and its successor agencies, the
Environmental Science Services Administration and the National Oceanic
and Atmospheric Administration. See §3.6(b)(3).

\(h\) *Coast Guard*. Active service in Coast Guard on or after January
29, 1915, while under jurisdiction of the Treasury Department, Navy
Department, or the Department of Transportation. (See §3.6(c) and (d) as
to temporary members of the Coast Guard Reserves.)

\(i\) *Contract surgeons.* For compensation and dependency and indemnity
compensation, if the disability or death was the result of disease or
injury contracted in line of duty during a war period while actually
performing the duties of assistant surgeon or acting assistant surgeon
with any military force in the field, or in transit or in hospital.

\(j\) *Field clerks, Quartermaster Corps.* Included as enlisted men.

\(k\) *Lighthouse service personnel*. Transferred to the service and
jurisdiction of 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.

\(l\) *Male nurses*. Persons who were enlisted men of Medical Corps.

\(m\) *National Guard*. Members of the National Guard of the United
States and Air National Guard of the United States are included as
Reserves. See §3.6(c) and (d) as to training duty performed by members
of a State National Guard and paragraph (o) of this section as to
disability suffered after being called into Federal service and before
enrollment.

\(n\) *Persons heretofore having a pensionable or compensable status*.
(Authority: 38 U.S.C. 1152, 1504)

\(o\) *Persons ordered to service*.

\(1\) Any person who has:

\(i\) Applied for enlistment or enrollment in the active military,
naval, or air service and who is provisionally accepted and directed, or
ordered, to report to a place for final acceptance into the service, or

\(ii\) Been selected or drafted for such service, and has reported
according to a call from the person's local draft board and before final
rejection, or

\(iii\) Been called into Federal service as a member of the National
Guard but has not been enrolled for Federal service, and

\(iv\) Suffered injury or disease in line of duty while going to, or
coming from, or at such place for final acceptance or entry upon active
duty, is considered to have been on active duty and therefore to have
incurred such disability in active service.

\(2\) 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.

\(p\) *Philippine Scouts and others*. See §3.8.

\(q\) *Public Health Service*. See §3.6(a) and (b).

\(r\) *Reserves*. See §3.6(a), (b), and (c).

\(s\) *Revenue Cutter Service*. While serving under direction of
Secretary of the Navy in cooperation with the Navy.

\(t\) *Training camps*. Members of training camps authorized by section
54 of the National Defense Act, except members of Student Army Training
Corps Camps at the Presidio of San Francisco, Plattsburg, New York, Fort
Sheridan, Illinois, Howard University, Washington, D.C., Camp Perry,
Ohio, and Camp Hancock, Georgia, from July 18, 1918, to September 16,
1918.

\(u\) *Women's Army Corps (WAC)*. Service on or after July 1, 1943.

\(v\) *Women's Reserve of Navy, Marine Corps, and Coast Guard*. Same
benefits as members of the Officers Reserve Corps or enlisted men of the
United States Navy, Marine Corps or Coast Guard.

\(w\) *Russian Railway Service Corps*. Service during World War I as
certified by the Secretary of the Army.

\(x\) *Active military service certified as such under section 401 of
Pub. L. 95-202*. Such service if certified by the Secretary of Defense
as active military service and if a discharge under honorable conditions
is issued by the Secretary. The effective dates for an award based upon
such service shall be as provided by §3.400(z) and 38 U.S.C. 5110,
except that in no event shall such an award be made effective earlier
than November 23, 1977. Service in the following groups has been
certified as active military service.

> \(1\) Women's Air Forces Service Pilots (WASP).
>
> \(2\) Signal Corps Female Telephone Operators Unit of World War I.
>
> \(3\) Engineer Field Clerks (WWI).
>
> \(4\) Women's Army Auxiliary Corps (WAAC).
>
> \(5\) Quartermaster Corps Female Clerical Employees serving with the
> AEF (American Expeditionary Forces) in World War I.
>
> \(6\) Civilian Employees of Pacific Naval Air Bases Who Actively
> Participated in Defense of Wake Island During World War II.
>
> \(7\) Reconstruction Aides and Dietitians in World War I.
>
> \(8\) Male Civilian Ferry Pilots.
>
> \(9\) Wake Island Defenders from Guam.
>
> \(10\) Civilian Personnel Assigned to the Secret Intelligence Element
> of the OSS.
>
> \(11\) Guam Combat Patrol.
>
> \(12\) Quartermaster Corps *Keswick* Crew on Corregidor (WWII).
>
> \(13\) U.S. Civilian Volunteers Who Actively Participated in the
> Defense of Bataan.
>
> \(14\) United States Merchant Seamen Who Served on Blockships in
> Support of Operation Mulberry.
>
> \(15\) American Merchant Marine in Oceangoing Service during the
> Period of Armed Conflict, December 7, 1941 to August 15, 1945.
>
> \(16\) Civilian Navy IFF Technicians Who Served in the Combat Areas of
> the Pacific during World War II (December 7, 1941 to August 15, 1945).
> As used in the official name of this group, the acronym "IFF" stands
> for Identification Friend or Foe.
>
> \(17\) U.S. Civilians of the American Field Service (AFS) Who Served
> Overseas Operationally in World War I during the Period August 31,
> 1917 to January 1, 1918.
>
> \(18\) 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 during
> the Period December 7, 1941 through May 8, 1945.
>
> \(19\) U.S. Civilian Employees of American Airlines Who Served
> Overseas as a Result of American Airlines' Contract with the Air
> Transport Command During the Period December 14, 1941 through August
> 14, 1945.
>
> \(20\) Civilian Crewmen of United States Coast and Geodetic Survey
> (USCGS) Vessels Who Performed Their Service in Areas of Immediate
> Military Hazard While Conducting Cooperative Operations with and for
> the United States Armed Forces Within a Time Frame of December 7,
> 1941, to August 15, 1945 on a qualifying USCGS vessel. Qualifying
> USCGS vessels are the Derickson, Explorer, Gilbert, Hilgard, E. Lester
> Jones, Lydonia, Patton, Surveyor, Wainwright, Westdahl, Oceanographer,
> Hydrographer, and Pathfinder.
>
> \(21\) Honorably Discharged Members of the American Volunteer Group
> (Flying Tigers) Who Served During the Period December 7, 1941, to July
> 18, 1942.
>
> \(22\) 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 During the Period
> December 14, 1941, through August 14, 1945.
>
> \(23\) 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 During
> the Period December 14, 1941, through August 14, 1945. The "Flight
> Crew" includes pursers.
>
> \(24\) 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 During the Period December 14, 1941, through August 14, 1945.
>
> \(25\) 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 During the Period
> December 14, 1941 through August 14, 1945.
>
> \(26\) Honorably Discharged Members of the American Volunteer Guard,
> Eritrea Service Command During the Period June 21, 1942 to March 31,
> 1943.
>
> \(27\) 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)
>
> \(29\) 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 During
> the Period December 7, 1941, Through August 14, 1945.
>
> \(30\) 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 During the Period
> February 26, 1942, Through August 14, 1945.
>
> \(31\) 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 United States
> Marines on active, combat-patrol activity from August 19, 1945, to
> September 2, 1945.
>
> \(32\) Three scouts/guides, Miguel Tenorio, Penedicto Taisacan, and
> Cristino Dela Cruz, who assisted the United States Marines in the
> offensive operations against the Japanese on the Northern Mariana
> Islands from June 19, 1944, through September 2, 1945.
>
> \(33\) 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 from December 7, 1941, through
> August 15, 1945.

\(y\) Alaska Territorial Guard: Members of the Alaska Territorial Guard
during World War II who were honorably discharged from such service as
determined by the Secretary of Defense. (Authority: 38 U.S.C 106(f))

\[26 FR 1565, Feb. 24, 1961, as amended at 27 FR 4024, Apr. 27, 1962; 32
FR 6840, May 4, 1967; 36 FR 5341, Mar. 20, 1971; 38 FR 28826, Oct. 17,
1973; 39 FR 41252, Nov. 26, 1974; 45 FR 67091, Oct. 9, 1980; 46 FR
23925, Apr. 29, 1981; 46 FR 51246, Oct. 19, 1981; 47 FR 29530, July 7,
1982; 48 FR 24078, May 31, 1983; 48 FR 54482, Dec. 5, 1983; 49 FR 19999,
May 11, 1984; 51 FR 6410, Feb. 24, 1986; 53 FR 16876, May 12, 1988; 54
FR 45907, Nov. 15, 1988; 56 FR 5756, Feb. 13, 1991; 56 FR 65847, Dec.
19, 1991; 57 FR 43905, Sept. 23, 1992; 57 FR 60734, Dec. 22, 1992; 59 FR
34383, July 5, 1994; 63 FR 413, Jan. 6, 1998; 71 FR 29082, May 19,
2006\]

**Cross reference**: Office of Workers Compensation Programs. See
§3.708.

**Supplement *Highlights* references**: 6(4), 12(3), 32(2), 71(1).

*Next Section is §3.10*