definitions

definitions Sec. 102. For the purposes of this Act— (1) “Administrator” means the Administrator of Veterans’ Affairs. (2) “Member of a uniformed service” means a person appointed, enlisted, or inducted in a component of the Army, Navy, Air Force, Marine Corps, or Coast Guard (including a reserve component of a uniformed service), or in one of those services without specification of component, or as a commissioned officer of the Coast and Geodetic Survey or the Regular or Reserve Corps of the Public Health Service, and any person serving in the Army or Air Force under call or conscription. The term includes— (A) a retired member of any of those services; (B) a member of the Fleet Reserve or Fleet Marine Corps Reserve; (C) a cadet at the United States Military Academy, a mid-shipman at the United States Naval Academy, and a cadet at 1 the United States Coast Guard Academy or United States Air Force Academy; (D) a member of the Reserve Officers’ Training Corps, the Naval Reserve Officers’ Training Corps, or the Air Force Reserve Officers’ Training Corps, when ordered to annual training duty for fourteen days or more, and while performing authorized travel to and from that duty; and (E) any person while en route to or from, or at, a place for final acceptance or for entry upon active duty in the military or naval service— (i) who has been provisionally accepted for such duty; or (ii) who, under the Universal Military Training and Service Act, has been selected for active military or naval service; and has been ordered or directed to proceed to such place. The term does not include a temporary member of the Coast Guard Reserve. (3) “Reserve component of a uniformed service” means— (A) The Army Reserve; (B) The Naval Reserve; (C) The Marine Corps Reserve; (D) The Air Force Reserve; (E) The Coast Guard Reserve; (F) The Reserve Corps of the Public Health Service; (G) The National Guard of the United States; (H) The Air National Guard of the United States. (4) “Active duty” means (A) full-time duty performed by a member of a uniformed service in the active military or naval service, other than active duty for training, (B) full-time duty as a commissioned officer in the Coast and Geodetic Survey, or in the Regular Corps of the Public Health Service, or in the Reserve 70 Stat. 859 Corps of the Public Health Service (other than for training purposes), (C) service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy, and (D) authorized travel to or from such duty or service. (5) “Active duty for training” means (A) full-time duty performed by a member of a reserve component of a uniformed service in the active military or naval service of the United States for training purposes, (B) full-time duty as a commissioned officer in the Reserve Corps of the Public Health Service for training purposes, (C) annual training duty performed for a period of fourteen days or more by a member of the Reserve Officers’ Training Corps, the Naval Reserve Officers’ Training Corps, or the Air Force Reserve Officers’ Training Corps, and (D) authorized travel to or from such duty. The term does not include duty performed as a temporary member of the Coast Guard Reserve. (6) (A) “Inactive duty training” means any of the training, instruction, duty, appropriate duties, or equivalent training, instruction, duty, appropriate duties, or hazardous duty, performed with or without compensation by a member of a reserve component of a uniformed service, prescribed by the appropriate Secretary pursuant to section 501 of the Career Compensation Act of 1949 or any other provision of law. The term does not include (1) work or study performed by a member of a reserve component of a uniformed service in connection with correspondence courses of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Public Health Service, (2) attendance at an educational institution in an inactive status under the sponsorship of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Public Health Service, or (3) duty performed as a temporary member of the Coast Guard Reserve. (B) Any member of a reserve component of a uniformed service— (i) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and (ii) who dies from an injury incurred on or after January 1, 1957, by him while proceeding directly to or returning directly from such active duty for training or inactive duty training, as the case may be; shall be deemed to have been on active duty for training or inactive duty training, as the case may be, and entitled to basic pay at the time such injury was incurred. For purposes of title III, except section 303, the Secretary concerned, and for purposes of title II and section 303, the Administrator, shall determine whether such member of a reserve component of a uniformed service was so authorized or required to perform such duty, and whether he died from injury so incurred. In making such determinations, the Secretary concerned or the Administrator, as the case may be, shall take into consideration the hour on which the member of a reserve component of a uniformed service began to so proceed or so return; the hour on which he was scheduled to arrive for, or on which he ceased to perform, such duty; the method of travel employed; his itinerary; the manner in which the travel was performed; and the immediate cause of death. Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subparagraph, the burden of proof shall be upon the claimant. 70 Stat. 860 (C) A member of the National Guard or Air National Guard of the several States, Territories, or the District of Columbia, when performing training or duty under sections 92, 94, 97, 99, or 113 of the National Defense Act of June 3, 1916, as amended, shall, for the purpose of benefits provided herein, be considered a “member of a reserve component of a uniformed service”, and training or duty performed by such a member under those sections of that Act shall be considered “active duty for training”, or “inactive duty training” as appropriate. (7) Except for purposes of title IV, the terms “child” and “parent” have the meanings assigned to them by Veterans Regulation Numbered 10, as amended. (8) Except for purposes of title IV, the term “widow” means a woman who was married to a person— (A) before the expiration of fifteen years after the termination of the period of active duty, active duty for training, or inactive duty training, in which the injury or disease causing the death of such person was incurred or aggravated; or (B) for five or more years; or (C) for any period of time if a child was born of the marriage. (9) “Secretary concerned” means— (A) The Secretary of the Army with respect to the Army; (B) The Secretary of the Navy with respect to the Navy and Marine Corps; (C) The Secretary of the Air Force with respect to the Air Force; (D) The Secretary of the Treasury with respect to the Coast Guard; (E) The Secretary of Commerce with respect to the Coast and Geodetic Survey; and (F) The Secretary of Health, Education, and Welfare with respect to the Public Health Service. (10) (A) “Basic pay” means the monthly pay prescribed by section 201 (a), 201 (e), 201 (f), or 508 of the Career Compensation Act of 1949, as may be appropriate, for a member of a uniformed service on active duty. (B) The pay received by members of the Reserve Officers’ Training Corps, the Naval Reserve Officers’ Training Corps, and the Air Force Reserve Officers’ Training Corps during periods of annual training duty of fourteen days or more shall be considered to be “basic pay”, and the rank and years of service of such members shall be a rank (and years of service) comparable to the pay grade and years of service to which their pay is related. (11) (A) With respect to a member of a uniformed service who died while on active duty, active duty for training, or inactive duty training, the term “basic pay” (for purposes of title II) means the basic pay (as defined in paragraph (10)) prescribed on January 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank (with the same cumulative years of service for purposes of pay) as that of the deceased member of a uniformed service on the date of his death. (B) With respect to a deceased member or former member of a uniformed service who did not die on active duty, active duty for training, or inactive duty training, the term “basic pay” (for purposes of title II) means the basic pay (as defined in paragraph (10)) prescribed on January 1, 1957, or on the date of his death 70 Stat. 861 (whichever is the later date) for a member of a uniformed service on active duty of the same rank (with the same cumulative years of service for purposes of pay) as that of the deceased member or former member of a uniformed service on the date of his last discharge or release from active duty under conditions other than dishonorable; however, if his death results from disease or injury incurred or aggravated while on active duty for training, or from injury incurred or aggravated while on inactive duty training, after such last discharge or release from active duty, his rank and years of service for purposes of pay shall be those held by him on the date of his discharge or release from the period of active duty for training or inactive duty training in which such injury or disease was incurred or aggravated. (C) With respect to a deceased person who is not a member or former member of a uniformed service, but who had a compensable status on the date of his death under laws administered Dy the Veterans’ Administration, the head of the department under which such person performed the services by which he obtained a compensable status shall determine a pay grade for such person under section 201 (a) of the Career Compensation Act of 1949, as amended, and a rate of pay within that pay grade (taking into consideration his duties, responsibilities, and years of service). His “basic pay” shall be that prescribed on January 1, 1957, or the date of his death, whichever is the later date, under such section 201 (a) for the pay grade and rate of pay so determined. For the purposes of title II of this Act, only, such persons shall be deemed to have been on active duty during the period of service by which they obtained a compensable status. (D) Whenever basic pay prescribed by section 201 (a), 201 (e), 201 (f), or 508 of the Career Compensation Act of 1949 is increased or decreased, “basic pay” determined pursuant to this paragraph (11) shall increase or decrease accordingly. (E) Any person described in paragraph (2) (E) who suffers an injury or disease resulting in disability or death while en route to or from, or at, a place for final acceptance or entry upon active duty in the military or naval service shall be deemed to be on active duty when such incident occurs, and to be entitled to the basic pay of the pay grade which he would receive upon final acceptance or entry upon active duty in such service. (F) The Secretary concerned shall, at the request of the Administrator, certify to him the basic pay considering rank or grade and cumulative years of service for pay purposes of deceased persons with respect to whose deaths applications for benefits are filed under title II of this Act. The certification of the Secretary concerned shall be binding upon the Administrator. (12) Where an individual is discharged or released on or after January 1, 1957, from a period of active duty, such individual shall be deemed to continue on active duty and to be entitled to basic pay (and any special or incentive pays) at the rate to which he was entitled on the day prior to his discharge or release from such duty, during the period of time immediately following the date of such discharge or release determined by the Secretary concerned to be required for him to proceed to his home by the most direct route, and in any event, until midnight of the date of such discharge or release.