Order Code RL33992
Veterans Benefits: Merchant Seamen
May 8, 2007
Christine Scott
Specialist in Tax Economics
Domestic Social Policy Division
Douglas Reid Weimer
Legislative Attorney
American Law Division

Veterans Benefits: Merchant Seamen
Summary
Seamen of the U.S. merchant marine contributed to the World War II effort
through the transportation of goods, materials, and personnel to the various theaters
of war. However, they were civilians and not members of the U.S. Armed Forces.
As a result, at the end of the war they did not receive the benefits granted to members
of the U.S. Armed Forces.
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 provided 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.
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, 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.
Following litigation, the Secretary of the Air Force determined on January 19,
1988, that the service of the American Merchant Marine in Oceangoing Service
during the period December 7, 1941, to August 15, 1945, is considered “active duty”
for the purposes of all laws administered by the VA if the merchant seamen met
certain criteria.
Since then, certain merchant seamen have been eligible for the same benefits
administered by the VA as veterans of the U.S. Armed Forces. However, some
merchant seamen are advocating for a monthly payment because benefits were not
provided until years after World War II.
This report will provide a brief overview of seamen of the U.S. merchant marine
(merchant seamen or merchant mariners) and World War II, post-war efforts for
benefits for merchant seamen, the efforts by merchant seamen for recognition under
P.L. 95-202, and legislation introduced in the 110th Congress. The report will be
updated as needed for additional information and legislative changes.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
World War II and U.S. Merchant Seamen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Changes Prior to World War II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Contributions During World War II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Benefits Available to Merchant Seamen . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Post World War II Benefits for U.S. Merchant Seamen . . . . . . . . . . . . . . . . . . . . 4
The U.S. Merchant Seamen under P.L. 95-202 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Application of the Oceangoing Merchant Marines . . . . . . . . . . . . . . . . . . . . 6
Application of the Invasion Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Application of Operation Mulberry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Schumacher v. Aldridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Post-Schumacher Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Reconsideration of the Merchant Seamen Applications . . . . . . . . . . . . 9
The Veterans Programs Enhancement Act of 1998 . . . . . . . . . . . . . . . 10
Current Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Delay of Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Limitation on Service Period for Recognition . . . . . . . . . . . . . . . . . . . . . . . 11
Canadian Retroactive Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Legislation in the 110th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Veterans Benefits: Merchant Seamen
Introduction
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.1
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.2
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.
1 See CRS Report RL33113, Veterans Affairs: Basic Eligibility for Disability Benefit
Programs
, by Douglas Reid Weimer; and CRS Report RL33323, Veterans Affairs: Benefits
for Service-Connected Disabilities
, by Douglas Reid Weimer.
2 D e p a r t m e n t o f D e f e n s e , D i r e c t i v e 1 0 0 0 . 2 0 , a v a i l a b l e a t
[http://www.dtic.mil/whs/directives/corres/dir1.html]

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This report will provide a brief overview of seamen in the U.S. Merchant
Marine and World War II, post-war efforts for benefits for merchant seamen, the
efforts by merchant seamen for recognition under P.L. 95-202, and legislation
introduced in the 110th Congress.
World War II and U.S. Merchant Seamen
Changes Prior to World War II
In the years prior to the United States entering World War II (on December 7,
1941), several legislative measures were enacted that impacted the working
conditions for U.S. merchant seamen (also known as merchant mariners):3
! The Merchant Marine Act of 1936 (P.L. 835) established the United
States Maritime Commission, and stated as a matter of policy that
the United States should have a merchant marine that is “capable of
serving as a naval and military auxiliary in time of war or national
emergency.”4
! The Social Security Act Amendments of 1939 (P.L. 76-379)
expanded the definition of employment to include service “on or in
connection with an American vessel under a contract of service
which is entered into within the United States or during the
performance of which the vessel touches at a port in the United
States, if the employee is employed on and in connection with such
vessel.”5
! In 1941, a joint resolution, H.J.Res 237 (P.L. 294), repealed Section
6 of the Neutrality Act of 1939 (related to the arming of American
vessels) and authorized the President during the national emergency
(declared on May 27, 1941) to arm or permit to arm any American
vessel.6
When the U.S. entered the war, the merchant marine was needed to transport the
personnel and materials of war to the various combat theaters.7 On February 7, 1942,
President Franklin D. Roosevelt, through Executive Order Number 9054 established
the War Shipping Administration (WSA). The WSA was a separate emergency
3 For purposes of this report, the term merchant seamen is used.
4 P.L. 835, §101(b).
5 P.L. 76-379 §209(b).
6 Gun crews on merchant marine vessels were Navy personnel sometimes supplemented by
vessel crew.
7 It should be noted that because of the war, most of the oceangoing shipping during the
war, and for a period afterwards, was related to the needs of war or relief, and not the needs
of consumers or civilian industry.

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agency, not part of the U.S. Maritime Administration, that was charged with building
or purchasing, and operating the civilian shipping vessels needed for the war effort.
The WSA, also in 1943, was given the authority to design and grant medals and
honors to U.S. merchant seamen, including a medal for members who were injured
due to an action of an enemy of the U.S. (the Mariners Medal).
The Maritime War Emergency Board, established in December 1941 by the
WSA, regulated maritime war risk insurance, hazardous duty bonuses, wages and
bonuses when vessels were lost, and reimbursements for lost personal effects. The
board was chaired by the WSA Deputy Administrator for Labor Relations, Manning,
Training, and Recruitment, and was composed of representatives of the U.S.
Conciliation Service8 and the National War Labor Board. The board established, in
cooperation with industry and unions, war-risk insurance and a system of bonuses for
merchant seamen. Because the safety or risk associated with various waters and ports
changed through the war, so did the application of the different bonuses. Bonuses
were paid on a monthly basis for voyages in risky waters, or on an incidence basis for
an attack on a vessel. In addition, vessels in certain ports were considered at risk and
a one-time bonus was paid for seamen on a vessel in those ports of call.
Contributions During World War II
During World War II, the U.S. merchant marine transported goods and materials
through “contested waters”9 to the various combat theaters. At the end of World War
II, the merchant marine helped transport several million members of the U.S. Armed
Forces back home to the U.S.
Benefits Available to Merchant Seamen
Merchant seamen, unlike many other workers in the United States at that time,
did not receive unemployment compensation. The health care of merchant seamen
was provided by the Public Heath Service (which began with the operation of marine
hospitals specifically to care for merchant seamen). However, under regulations a
merchant seaman had to report to a marine hospital for admission within 60 days of
discharge from a vessel. Compensation for disability and death for merchant seamen
was limited to that of war-risk insurance or legal recovery for injuries or death due
to negligence by a vessel’s owners. War-risk insurance, which had benefits in the
event of death or disability of up to $5,000, was provided to merchant seamen at no
charge. However, the benefit was only for war-risk and not for other marine hazards.
Depending on state law, a disabled merchant seaman may have been eligible for
vocational training under the state program for the disabled.
8 The U.S. Conciliation Service (now the U.S. Federal Mediation and Conciliation Service)
provided mediation services on labor issues.
9 Contested waters are those for which control was being fought for by both the U.S. and its
enemies. Two of the major oceans — the Atlantic and the Pacific — were considered by
the U.S. Navy to be contested waters until the hostilities associated with those waters ended
(May 1945 for the Atlantic Ocean and August 1945 for the Pacific Ocean).

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Prior to World War II some merchant seamen on U.S. government vessels were
considered federal government employees and entitled to the same compensation as
other federal employees for death or disability. During World War II, this distinction
between merchant seamen based on ownership of the vessel generally did not exist.
However, certain licensed officers may have remained eligible for the benefits related
to death and disability provided under law for federal employees. Also during World
War II, merchant seamen were members of one of the labor unions representing
workers in the maritime industry.
During World War II, merchant seamen spanned a wide range of age — some
former merchant seamen returned to service as part of the war effort, and other
individuals interrupted school to join the merchant marine. According to the WSA,
51% of the merchant seamen were under age 25, and 16.5% were under age 19.10 A
merchant seaman also received an automatic draft deferment while serving as a
merchant seaman. If a merchant seaman left service for longer than a stated period
(usually 30 days), the merchant seaman was subject to the draft. However, some
individuals became merchant seamen because they were not qualified for the U.S.
Armed Forces due to physical condition or age.
Post World War II Benefits for
U.S. Merchant Seamen
After World War II, merchant seamen sought through legislative means to gain
recognition as veterans of World War II. Legislation was introduced to either
provide benefits to merchant seamen comparable to those of the GI Bill,11 or expand
the benefits merchant seamen were receiving at that time. In 1945, H.R. 2346 would
have provided benefits to merchant seamen comparable to those of other World War
II veterans. During two days of hearings in October 1945, the House Committee on
Merchant Marine and Fisheries heard testimony on four bills, including H.R. 2346,
that would have provided some benefits to merchant seamen. 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 came from various
administration agencies, including the War Department and the Veterans
Administration (currently the Department of Veterans Affairs).
During the 1945 hearing a great deal of discussion was focused on the freedom
of a merchant seaman to make decisions about whether or not to take a particular
voyage or leave service, and the earnings of merchant seamen relative to Navy
10 U.S. Congress, Hearings before the Ship Construction and Operation and Maritime Labor
Subcommittee of the Committee on Merchant Marine and Fisheries, Eightieth Congress,
First Session on H.R. 476, February 18; May 12,13,14,16,19,21,22,23; and June 2,3,5,9,
1947, p. 38. Representative J. Hardin Peterson of Florida testified using information from
the War Shipping Administration that he stated was provided for a hearing in 1946.
11 The GI Bill provided veterans of the Armed Forces with benefits for education or training,
home loans, and a cash allowance for unemployed veterans (the military was not eligible for
unemployment compensation at that time).

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seamen. One argument against providing benefits was the high pay of merchant
seamen, which was greater than that of military personnel, particularly Navy seamen.
Testimony presented at the hearing on earnings included a WSA study done in
response to a letter from the American Legion (which testified in opposition to
legislation providing benefits).12 The results of this study are still being used today.
However, the results of the WSA study should be used cautiously. The WSA
comparison in the study was limited in that the calculations were done for a seaman
with a wife and two children (not a single seaman with no dependents), and did not
include any bonuses for the merchant seaman. If the base pay comparison done at
that time was for a single Navy seaman with no dependents, the merchant seaman
would have significantly higher pay than the Navy seaman.
The issue of pay comparability during the war is extremely difficult. While both
merchant and Navy seamen would receive additional pay because of hazardous
conditions, the bonuses for merchant seamen were much larger (as much as 100%
of monthly pay with a minimum of $100). Navy seamen received allotments for
spouses and dependents (a portion of which came out of the seaman’s pay), while
merchant seamen pay did not contain any additional allotments for dependents.
Merchant seamen paid Social Security and income taxes but not for war-risk
insurance, while Navy seamen paid for life insurance but did not pay Social Security
or income taxes (there was an exemption large enough to cover most Navy seamen).
Navy seamen also received benefits related to travel while on leave (free train and
bus fares) that merchant seamen did not receive.
In 1947, H.R. 476 was introduced, which would have expanded the existing
benefits for merchant seamen related to health care and disability, and introduced an
education benefit. No legislation was enacted after World War II that granted
veteran status to U.S. merchant seamen or provided additional benefits to merchant
seamen related to health care, disability, or education.
The U.S. Merchant Seamen under P.L. 95-202
As noted earlier, P.L. 95-20213 established a process by which the Secretary of
the Air Force determines if the wartime employment of certain groups of individuals
is considered “active duty” military service for the purpose of receipt of certain
veterans benefits.14 If these groups of individuals are considered to be “active duty”
by the Secretary,15 they are eligible for the receipt of certain benefits, including health
care.
12 U.S. Congress, Hearings before the Committee on the Merchant Marine and Fisheries,
Seventy-ninth Congress, First Session on H.R. 2346, H.R. 2180, H.R. 2449, H.R. 3500, Part
1, p.101-103.
13 38 U.S.C. § 106 note.
14 See CRS Report RL33113, Veterans Affairs: Basic Eligibility for Disability Benefit
Programs, by Douglas Reid Weimer; and CRS Report RL33323, Veterans Affairs: Benefits
for Service-Connected Disabilities, by Douglas Reid Weimer.
15 See 38 C.F.R. § 3.7.

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Regulations were promulgated16 pursuant to P.L. 95-202 on the Secretary’s
recognition/designation of certain war-related employment service as “active duty.”
The regulations established the Department of Defense Civilian/Military Service
Review Board and Advisory Panel to review each application for “active duty”
status.17 Following its review, the board issues a written recommendation to the
Secretary as to whether the applicant group should be considered “active duty” for
the purposes of the act. The Secretary makes the final decision, based upon the
recommendation of the board. Pursuant to this procedure, various groups of persons
have been accorded “active duty” status.18
The regulations concerning the designation of “active duty” status have
undergone revision over the years. Changes and clarification to the regulations
implemented in 1989 “stem from a Federal Court determination [Schumacher v.
Aldridge
19] that the Department of Defense had failed to clarify factors and criteria
in their implementing directive concerning Public Law 95-202.”20 The 1989
regulations remain in effect.
Application of the Oceangoing Merchant Marines
Following the passage of the P.L. 95-202, several efforts were made to have the
service of various groups of merchant seamen recognized as “active duty” service
pursuant to the act. The lack of success of these efforts culminated in litigation,
Schumacher v. Aldridge, discussed below, which reviewed the Secretary’s decision
that merchant seamen were not entitled to active duty military service recognition,
and consequently were not entitled to receive certain veterans benefits. The decision
in Schumacher, which found that the Secretary had erred in denying the application
of the merchant seamen, outlined the application and administrative procedures
which had been undertaken in the effort to obtain “active duty” status for merchant
seamen, prior to the litigation. These administrative actions and the decision are
discussed and the administrative and legislative actions subsequent to the
Schumacher decision are summarized.
In January 1980, the AFL-CIO submitted an application on behalf of a group of
World War II-era merchant seamen — the Oceangoing Merchant Marines —
(Oceangoing Group).21 Their application specifically defined “active oceangoing
service” and outlined in detail the type of merchant marine service and the groups of
personnel for whom active duty status was sought.
16 32 C.F.R. § 47. See 38 C.F.R. § 3.7 for those groups which have been so designated.
17 The applications are usually submitted by representatives of the employment group.
18 38 C.F.R. § 3.7. See 655 F.Supp. 41, 44. Among the successful applicants were
Women’s Air Forces Service Pilots (WASPs); Signal Corps Female Telephone Operators
Unit (World War I); Engineer Field Clerks (World War I); Male Civilian Ferry Pilots
(World War II); and other groups of employees with war-related occupations.
19 665 F.Supp. 41 (D.D.C. 1987).
20 54 Fed. Reg. 39,991 (September 29, 1989).
21 655 F.Supp. 41, 49.

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The board, on January 5, 1982, recommended that the Secretary disapprove the
application of the Oceangoing Group. On January 13, 1982, the Secretary adopted
the board’s recommendation and denied the application. The Secretary’s decision
explained the disapproval by concluding that the seamen (1) received only limited
military training; (2) did not render service exclusively for the U.S. Armed Forces;
(3) were not subject exclusively to military discipline; (4) were not subject to
“pervasive” military control; (5) had no reasonable expectation of “active military
service” status; and (6) were not part of a wartime organization, formed for or
because of a wartime need.22
Application of the Invasion Group
In February 1983, an application was filed on behalf of the Invasion Group.
This application included all American merchant seamen who participated in a
military invasion during World War II, including the invasions of Normandy, Sicily,
and the Philippines.23 On May 13, 1985, the board recommended that the application
be denied, generally for the reasons previously made for the Oceangoing Group.24
Application of Operation Mulberry
On May 13, 1985, the board issued a mixed recommendation on behalf of an
application of the “Merchant Seamen Requisition by [the] U.S. Army for
Participation in Operation Mulberry”. The operation involved the construction of
artificial harbors (mulberries) to facilitate the World War II invasion of Normandy.
The board noted that of all the seamen involved in the operation, about 1,000
merchant seamen were needed to sail the blockships.25 The board focused its
attention on those seamen who saw service aboard the blockships.
The board, after reviewing the application and the history of the operation,
recommended the approval of the Operation Mulberry/blockship application, but
recommended disapproval of the application submitted on behalf of the overall
Operation Mulberry group. The board stated that the overall group was too broad
and diverse to make an adequate determination as to the roles of the many subgroups
involved in the operation.26 However, concerning the seamen involved in the
blockship operations, the board determined that the merchant marines performed a
uniquely military mission in a combat zone, which was not a task normally
performed by the merchant marine.
22 Id. at 50.
23 Id.
24 Id.
25 Id. Blockships were a part of the artificial harbor installations. About thirty to forty
merchant seaman served aboard each blockship.
26 Id. at 51.

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The Secretary adopted the board’s recommendation and rationale, denied the
blanket application for all participants in the operation, but approved the application
of the mulberry blockship group.27
Schumacher v. Aldridge28
Following the Secretary’s decision in Operation Mulberry, a lawsuit was filed
against the Secretary. The plaintiffs were three persons who served as merchant
seamen in World War II, and the American Federation of Labor, Congress of
Industrial Organizations (AFL-CIO). The defendant was Edward C. Aldridge, who
was sued in his capacity as Secretary of the Air Force.29 The plaintiffs challenged the
denial of the Invasion Group and the Oceangoing Group applications.30 They argued
that the merchant seamen included in those applications satisfied the established
criteria to a greater extent than many of the approved groups, and argued that the
denials were inconsistent with the Secretary’s prior decisions.31 The Secretary
responded that the plaintiffs misunderstood the designation criteria and outlined
characteristics that the approved groups shared.32
In its analysis, the court scrutinized the criteria that the Secretary applied in
making the decisions. The court determined that the Secretary had failed to
“articulate clear and intelligible criteria for the administration” of the selection
process.33 It noted that although Congress provided vague selection criteria, the
Secretary adopted these same criteria without “articulating specific, meaningful
criteria to guide decisions.”34 The court found that in addition to utilizing vague
criteria, the Secretary applied criteria which were not published in either the statute
or in the implementing regulations. As the court observed, when “Congress gave the
Secretary discretion in adopting appropriate regulations, it assuredly did not license
the Secretary to publish one set of criteria and to apply another.”35 By making
decisions based on unpublished criteria, the Secretary frustrated the purpose of the
implementing regulations and denied the plaintiffs a fair opportunity to present their
case.36
The court observed that the Secretary also failed to apply established standards
for administrative decision making. Reviewing one of the Secretary’s prior
27 Id.
28 665 F.Supp. 41 (D.D.C. 1987).
29 Id. at 42.
30 The Secretary’s decision in Operation Mulberry was not challenged in the litigation.
31 655 F.Supp. at 51.
32 Id. at 51-52.
33 Id. at 52.
34 Id.
35 Id.
36 Id. at 53.

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decisions, the court found that the decision made no reference to most of the criteria
set out in the regulations. The court concluded that “because the criteria are vague
and have not been applied in a workmanlike manner, it is difficult to assess the
accuracy and significance of many of the Board’s conclusions.”37 In reviewing the
record of the case, the court further concluded that the criteria set forth in the
Secretary’s regulations had not been applied even-handedly.38 The court found that
the Secretary erred in denying the applications of the Invasion Group and the
Oceangoing Group and remanded for reconsideration.39
Post-Schumacher Actions
Reconsideration of the Merchant Seamen Applications. Following
the Schumacher decision, the Secretary reconsidered the applications of the various
merchant seamen and determined on January 19, 1988, that the service of the
American Merchant Marine in Oceangoing Service40 during the Period of Armed
Conflict, December 7, 1941, to August 15, 1945, is considered “active duty” for the
purposes of all laws administered by the VA.41 In order to be eligible for VA
benefits, each member of the group must meet the following criteria:
1. 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
2. Served satisfactorily as a crew member during the period of armed conflict,
December 7, 1941, to August 15, 1945, aboard:
a. Merchant vessels in oceangoing, i.e., foreign, intercoastal, or
coastwise service (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
b. Public vessels in oceangoing service or foreign waters.42
37 Id. at 54-55.
38 Id. at 55.
39 Id. at 56.
40 Apparently, the Secretary did not undertake a specific reconsideration of the Invasion
Group application, but considered all merchant seamen under the category of American
Merchant Marine in Oceangoing Service.
41 53 Fed. Reg. 2775 (February 1, 1988).
42 Id.

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The Federal Register announcement also provided application/eligibility
information.43
The Veterans Programs Enhancement Act of 1998.44 Section 402 of
this legislation45 extended burial and cemetery benefits to World War II-era members
of the merchant marine. The legislation extended the time period of qualified service
to December 31, 1946.46 Criteria was given for the eligible type of service and for
the documentation of the qualified service.
Following the enactment of this legislation, the Secretary determined that the
service of the group known as “American Merchant Marine Mariners Who Were in
Active Ocean-Going Service” during the period of August 15, 1945, to December 31,
1946, is not considered “active duty” under the provisions of P.L. 95-202 for the
purposes of all laws administered by the VA.47 Hence, merchant seamen in active
ocean-going service between August 15, 1945, through December 31, 1946, are not
considered “active duty” for the purposes of VA benefits.
Current Issues
Delay of Recognition
U.S. merchant seamen were not covered by the Servicemen’s Readjustment Act
of 1944 (P.L. 78-346), also known as the GI Bill of Rights. Because legislation
introduced in 1945 and 1947 to grant them comparable benefits was not enacted, they
were not entitled to the unemployment compensation, education, or housing loan
benefits provided under the GI Bill of Rights to World War II veterans of the U.S.
Armed Forces. In addition, because they were not former members of the U.S.
Armed Forces, they were not entitled to the disability or health benefits provided by
the VA.
When recognition under P.L. 95-202 is granted to a group, the members of that
group become eligible for all of the benefits administered by the VA. However,
some of the benefits, such as education, have time limitations which have already
expired. Members of every group with recognition under P.L. 95-202 may have had
their lives impacted by not receiving veterans benefits at an earlier time in their life.
Determining the value of the impact of delayed recognition for benefits is
difficult. Some members of the civilian groups, such as those with medical
conditions related to their service, may have heavily utilized veterans benefits if they
were provided earlier in their lives. Others may have returned from service, accepted
43 Id.
44 P.L. 105-368 (November 10, 1998).
45 See 112 Stat. 3335.
46 112 Stat. 3336.
47 64 Fed. Reg. 48146 (September 2. 1999).

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a job, and not taken advantage of the veterans benefits even if they had been available
earlier in their lives. According to the VA history of the original GI education
benefit, by 1956 less than half of the eligible veterans (of World War II and Korea)
took advantage of the education benefits and participated in an education or training
program.48
Limitation on Service Period for Recognition
The period of service for recognition of U.S. merchant seamen (December 7,
1941, to August 15, 1945) is not the same as the World War II period for veterans of
the U.S. Armed Forces (December 7, 1941, to December 31, 1946). The
determination under P.L. 95-202 limited the period for U.S. merchant seamen to the
time period during which the Navy considered the waters in which they sailed as
contested. While certain waters were still considered dangerous by the Navy after
this date, ships sailing these waters were not in danger of enemy attack.
Other civilian groups that have received recognition under P.L. 95-202 for
service in World War II do not have a period of recognition that corresponds to the
period for veterans of the U.S. Armed Forces during World War II. Certain airline
flight crews and aviation ground support crews of airlines (Pan Am, Eastern, and
Northwest Airlines) that provided transportation services to the U.S. Armed Forces
in World War II were granted recognition under P.L. 95-202 with a period of
recognition of December 14, 1941, through August 14, 1945.
Canadian Retroactive Award
Canada granted recognition of Canadian merchant seamen serving in all wars
and various civilians in 1992 with the passage of the Merchant Navy Veteran and
Civilian War-related Benefits Act. Merchant navy veterans were then eligible for all
benefits administered by the Canadian Department of Veterans Affairs. The benefits
were not retroactive. In 1998, Canadian merchant navy veterans conducted a hunger
strike, and in 2000 the Canadian government established a grant program for
merchant seamen. The program provided a lump-sum payment based on the length
of service during a period of war.
Legislation in the 110th Congress
Legislation has been introduced in the 110th Congress, H.R. 23 (sponsored by
Representative Bob Filner) and S. 961 (sponsored by Senator Daniel Inouye), that
would provide a monthly benefit of $1,000 to qualified U.S. merchant seamen and
their survivors. Under this bill, a qualified U.S. merchant seaman is one who served
between December 7, 1941, and December 31, 1946, as a crew member aboard a
vessel that (1) was operated by the now defunct War Shipping Administration or the
Office of Defense Transportation; (2) did not operate on inland waters, the Great
48 Department of Veterans Affairs, Born of Controversy: The GI Bill of Rights, available
at [http://www.gibill.va.gov/GI_Bill_Info/history.htm].

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Lakes, or any U.S. lake, bay, or harbor; (3) was under contract to, was charter to, or
was the property of, the U.S. government; and (4) was serving the U.S. Armed
Forces. In addition, the seaman had to be licensed to serve (or documented for
service) as a crew member. The House Committee on Veterans Affairs held a
hearing on H.R. 23 on April 18, 2007.
Also in the 110th Congress, H.R. 447 (sponsored by Representative Jeff
Fortenberry) would provide that merchant seamen that received the Mariners Medal
be provided VA health care on the same basis as recipients of the Purple Heart.