Veteran Status Based on Service with Certain Civilian Groups

Veteran Status Based on Service with Certain Civilian Groups

November 2, 2022
Veteran Status Based on Service with Certain Civilian Groups
Throughout history, civilians have played a role in
the Air Force. The determination to grant this status is
supporting U.S. Armed Forces both at home and abroad. In
based upon specific criteria such as the group having
some circumstances, civilians have deployed to a theater of
rendered services through civilian employment in a manner
combat as government employees or defense contractors in
similar to the WASPs as a result of a contract to provide
support of military operations. In these circumstances there
direct support to U.S. Armed Forces during a period of
may be questions regarding whether individuals would be
armed conflict. Upon the designation of active military
eligible for benefits from the U.S. Department of Veterans
service, the respective service secretaries will issue
Affairs (VA) due to illness or injuries sustained during their
discharge paperwork. As a result, civilian individuals with
work alongside the Armed Forces. Generally, these
both active military service and honorable discharge
individuals do not meet the statutory definition of veteran
statuses can be made eligible for VA benefits.
found in Title 38, Section 101(2), of the U.S. Code, because
they do not meet the “active military service” and
In addition, the rule established the DOD Civilian/Military
“discharge under other than dishonorable conditions”
Service Review Board to review each application for active
requirements. However, in limited instances, Congress has
military service status. DOD Directive 1000.20, Active Duty
designated services provided to the U.S. Armed Forces by
Service Determinations for Civilian or Contractual Groups,
certain civilian groups as active military service and granted
requires a representative from the civilian or contracted
veteran status to these groups so that their members may be
employer group to submit such applications. The Secretary
eligible for VA benefits. In 1977, Congress granted the
of the Air Force has the final decision authority following
authority to the Secretary of the Department of Defense
the board’s review and recommendation on whether the
(DOD) to designate services provided by civilian groups as
applicant group should be considered as having performed
“active military service” for eligibility to receive VA
active military service.
benefits. In addition, those who do not have active military
service may be eligible for worker’s compensation through
Civilian Groups with Active Military
the Federal Employees’ Compensation Act.
Service
To date, the Air Force Secretary has granted active military
This In Focus explains the limited circumstances through
service to members of selected civilian groups for services
which members of certain civilian groups may be eligible
provided to the U.S. Armed Forces. The majority of these
for VA benefits. It also provides examples of a few civilian
groups participated in World War I and World War II,
groups that have been granted “veteran” status during the
including those groups identified in Title 38, Section 3.7, of
20th and 21st centuries.
the Code of Federal Regulations. Below are examples of
some of the civilian groups considered having performed
Overview
active military service under Section 401 of P.L. 95-202:
In certain circumstances, groups of civilians who
participated in wartime activities are granted eligibility for
 Women’s Air Force Service Pilots,
all VA benefits available to former servicemembers who

meet the statutory definition of veteran. The GI Bill
Signal Corps Female Telephone Operators Unit
Improvement Act of 1977 (P.L. 95-202) recognized service
(World War I),
with the Women’s Air Forces Service Pilots (WASPs, a
 Engineer Field Clerks (World War I),
civilian group) as active military service and specified

criteria for groups to be granted active military service
Male Civilian Ferry Pilots (World War II),
pursuant to DOD regulations. This includes members of
 Women’s Army Auxiliary Corps, and
civilian or contract employment groups who render services

for the U.S. Armed Forces in a similar way as the WASPs.
other groups of employees with war-related
P.L. 95-202 also granted the Secretary of Defense the
occupations listed in Section 3.7 or determined
authority to certify whether service for the Armed Forces
by the Air Force Secretary.
by a group of civilians or contractors is considered active
The most recent designation was made regarding a civilian
military service and to issue a discharge under honorable
group that served during the Vietnam era. On January 21,
conditions. On February 28, 1979, DOD’s final rule
2020, the DOD Civilian/Military Service Review Board and
implemented the provisions of P.L. 95-202 (44 Federal
Department of the Air Force published a notice recognizing
Register 11220).
“Navy civilian Special Agents” as having performed active
service in Vietnam between January 9, 1962, and May 7,
Under this rule, the Secretary of Defense delegated the
1975 (83 Federal Register 3339).
authority to grant active military service status to members
of certain civilian or contractor groups to the Secretary of
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Veteran Status Based on Service with Certain Civilian Groups
Members of certain civilian groups who are considered to
 U.S. Merchant Seamen who served on
have veteran status based upon meeting the criteria in P.L.
blockships in support of Operation Mulberry
95-202 are eligible for benefits administered by VA. These
in World War II; and
benefits include disability compensation, pension, health

care, and burial benefits administered through VA. Pursuant
American Merchant Marine personnel who
to legislation enacted on May 20, 2016 (P.L. 114-158),
served in oceangoing service during the period
these individuals may also be eligible for inurnment in the
of armed conflict between December 7, 1941,
columbarium or niche wall at Arlington National Cemetery
and August 15, 1945.
but not in-ground burial. Arlington National Cemetery may
In addition, pursuant to Section 402 of the Veterans
have additional requirements as it is under the Department
Programs Enhancement Act of 1998 (P.L. 105-368), a
of Army’s jurisdiction and not VA authority.
certain group of merchant mariners may be eligible for only
Veteran Status for Merchant Mariners
VA burial benefits to include interment in a VA national or
a VA-funded state veterans cemetery. The individuals who
In some cases merchant mariners—members of the U.S.
may qualify for VA burial benefits were members of the
Merchant Marines—may also qualify as veterans for
U.S. Merchant Marine, Army Transport Service, or Naval
purposes of eligibility for VA benefits. Whether a merchant
Transport Service who served between August 16, 1945,
mariner can qualify as a veteran depends largely on when
and December 31, 1946.
the mariner served.
Strategic Sealift Officers
Merchant mariners performed support roles to the U.S
An individual who has gone through a specific educational
Armed Forces during World War II, the Korean War, and
program to become a strategic sealift officer (SSO) may be
the Vietnam era. Before 1950, merchant mariners were part
granted veteran status and therefore eligible for VA
of the U.S. Maritime Commission (created in 1936) and the
benefits. There are a limited number of programs in the
War Shipping Administration (created in 1942). After 1950,
U.S. that can train SSOs, including the U.S. Merchant
merchant mariners (including those who provided support
Marine Academy. By attending the academy or another
in Korea and Vietnam) became part of the Maritime
institution that has a Strategic Sealift Midshipman Program,
Administration, created by President Harry Truman. These
the individual will be commissioned in the U.S. Navy
individuals could have served as either civil service
Reserves as an SSO. As described in statute, these
mariners or strategic sealift officers, which then determines
individuals are required to serve eight years of service
the individual’s qualification as a veteran.
following their commissioning.
Civil Service Mariners
Commissioned officers in the U.S. Navy Reserves are
Merchant mariners are a unique group of individuals, as
eligible for VA benefits so long as they meet the statutory
there is a difference between those who serve within the
requirements for “veteran” and “active duty.”
U.S. Navy’s Military Sealift Command and those who are
hired as federal civil service mariners (CIVMARs). This
Additional Relevant Resources:
difference affects the individual’s ability to claim veteran
Office of the Secretary of Defense, “Part 47 -
status and eligibility for VA benefits. Although CIVMARs
Determinations of Active Military Service and Discharge:
may work on ships transporting supplies and equipment to
Civilian or Contractual Personnel,” 44 Federal Register
U.S. Armed Forces around the world, they do not hold
11220-11226, February 28, 1979.
military status. While these individuals have certain
conditions for employment, such as maintaining Merchant
DOD Civilian/Military Service Review Board, Department
Mariner Credentials issued by the U.S. Coast Guard, their
of the Air Force, “Active Duty Service Determinations for
service does not qualify as active military service for the
Civilian or Contractual Groups,” 85 Federal Register 3339,
purpose of establishing veteran status. In addition, when
January 21, 2020.
CIVMARs leave employment with Military Sealift
Command, they are issued a Standard Form 50, Notice of
CRS Report Rxxxxx, U.S. Department of Veterans Affairs:
Personnel Action, which is proof of federal employment
Who Is A Veteran?
only and not of military service.
CRS Report R42107, The Federal Employees’
World War II Civil Service Mariners
Compensation Act (FECA): Workers’ Compensation for
CIVMARs who served during World War II are considered
Federal Employees
veterans and are eligible for VA benefits. In January 1988,
the Secretary of the Air Force determined that merchant
CRS Report R46813, Department of Veterans Affairs:
mariners who served between December 7, 1941, and
Burial Benefits and the National Cemetery Administration
December 31, 1946, performed active military service,
which made this group eligible for VA benefits. As
CRS In Focus IF11868, The United States Merchant
explained in Title 38, Section 3.7(x), of the Code of Federal
Marine Academy
Regulations, these groups included:
Heather M. Salazar, Analyst Veterans Policy
IF12242
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Veteran Status Based on Service with Certain Civilian Groups

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