Issue 22.11
During World War II, merchant seamen and a large number of other civilians, either through private employment or voluntarily, contributed directly to the war effort. These contributions took place while their private employers were under contract or direction of the U.S. military or government, or due to their participation in military activities such as the defense of certain geographic areas (for example, Guam or Bataan). Because these individuals were not members of the U.S. Armed Forces, their participation in World War II is not considered “active duty” military service for purposes of veterans benefits.
In the years after the war, Congress held hearings on legislation introduced that would have either expanded benefits then currently available to merchant seamen, or provide benefits comparable to those provided in the Servicemen’s Readjustment Act of 1944 (The GI Bill or GI Bill of Rights, P.L. 78-346). None of the legislation introduced was passed by Congress.
After World War II, various groups of civilians, including the merchant seamen, have from time to time petitioned Congress to grant them veterans benefits based on service during a time of war, particularly World War II. The GI Bill Improvement Act of 1977 (P.L. 95-202) recognized the service of one group of civilians, the Women’s Air Forces Service Pilots (WASPs), as active service for benefits administered by the Department of Veterans Affairs (VA). In addition, P.L. 95-202 provided that the Secretary of Defense could determine that service for the Armed Forces by a group of civilians, or contractors, be considered “active service” for benefits administered by the VA. Department of Defense Directive 1000.20 directed that the determination be made by the Secretary of the Air Force, and established the Civilian/Military Service Review Board and Advisory Panel.
In 1988, following litigation, the Secretary of the Air Force determined that the service during the period December 7, 1941, and August 15, 1945, of U.S. merchant seamen meeting certain criteria was active service for the purposes of benefits administered by the VA. At that time certain U.S. merchant seamen became eligible for all benefits administered by the VA. Like other groups recognized under P.L. 95-
202, the benefit eligibility was not retroactive.
If anyone offers to assist you with an application for veteran benefits for a fee they may be in violation of a Civil War-era federal law forbidding lawyers or anyone else from charging more than $10 to help with veterans’ benefit cases.