Pub. L. 85-857, tit. 38, pt. VI, ch. 85, subch. II, sec. 13
amendments
amendments Sec. 13. (a) Section 22 of Part I of the Interstate Commerce Act (49 U. S. C. 22) is amended by striking out “the National Homes or” and inserting in lieu thereof “Veterans’ Administration facilities or”. (b) The paragraph which begins “The Secretary of War” under the center heading “miscellaneous objects.” in the Act of March 3, 1901 (31 Stat. 1163; 24 U. S. C. 197), is amended by striking out “, and inmates of the National Home for Disabled Volunteer Soldiers on the Pacific coast at any State asylum in California,”. (c) Clause (2) of subsection (b) of section 3 of the Civil Service Retirement Act (5 U. S. C. 2253) is amended by striking out “title III of the Veterans’ Benefits Act of 1957” and inserting in lieu thereof “chapter 11 of title 38, United States Code”. (d) Subsection (b) of section 212 of the Act of June 30, 1932 (47 Stat. 406; 5 U. S. C. 59a), is amended by striking out “title III of the Veterans’ Benefits Acts of 1957” and inserting in lieu thereof “chapter 11 of title 38, United States Code”. (e) The first sentence of section 10 (b) of the Federal Home Loan Bank Act (12 U. S. C. 1430 (b)) is amended by inserting immediately after “Servicemen’s Readjustment Act of 1944, as amended,” the following: “chapter 37 of title 38, United States Code,”. (f) The second paragraph and the last sentence of the first paragraph of section 5 (c) of the Home Owners’ Loan Act of 1933 (12 U. S. C. 1464 (c)) are each amended by inserting immediately after “Servicemen’s Readjustment Act of 1944, as amended” the following: “, or chapter 37 of title 38, United States Code”. 72 Stat. 1265 (g) Section 302 (b) of the Federal National Mortgage Association Charter Act (12 U. S. C. 1717 (b)) is amended by inserting immediately after “Servicemen’s Readjustment Act of 1944, as amended” the following: “, chapter 37 of title 38, United States Code”. (h) Section 512 of the National Housing Act (12 U. S. C. 1731a) is amended (1) by inserting “or of chapter 37 of title 38, United States Code” immediately after “Servicemen’s Readjustment Act of 1944, as amended,” each time it occurs, and (2) by inserting “or chapter 37” immediately after “said title III” each time it occurs. (i) (1) Section 202 (o) of the Social Security Act (42 U. S. C. 402 (o)) is amended by striking out “prescribed under section 601 of the Servicemen’s and Veterans’ Survivor Benefits Act” and inserting in lieu thereof “described in section 3005 of title 38, United States Code”. (2) Section 217 (b)(2) of such Act (42 U. S. C. 417 (b)(2)) is amended by striking out “section 3 of the Act of August 12, 1935, as amended (38 U. S. C., sec. 454a)” and inserting “section 3101 of title 38, United States Code”. (3) (A) Subsection (g) of section 1511 of such Act is amended by striking out “title V or the Veterans’ Readjustment Assistance Act of 1952 (38 U. S. C. 1011 et seq.)” and inserting in lieu thereof the following: “chapter 43 of title 38, United States Code”. (B) Subsection (h) of such section 1511 is amended by striking out “232 of the Veterans’ Readjustment Assistance Act of 1952 (38 U. S. C. 942), a subsistence allowance under part VII or part VIII of Veterans Regulation Numbered 1 (a), as amended, or an educational assistance allowance under the War Orphan’s Educational Assistance Act of 1956 (38 U. S. C. 1031 et seq.)” and inserting in lieu thereof “1632 of title 38, United States Code, a subsistence allowance under chapter 31 of such title 38 or under part VIII of Veterans Regulation Numbered 1 (a), or an educational assistance allowance under chapter 35 of such title 38”. (C) Subsection (i) of such section 1511 is amended by striking out “title IV of the Veterans’ Readjustment Assistance Act of 1952 (38 U. S. C. 991 et seq.)” and inserting in lieu thereof “subchapter I of chapter 41 of title 38, United States Code”. (j) Section 1 (b)(2) of the Bankhead-Jones Farm Tenant Act (7 U. S. C. 1001 (b)(2)) is amended by adding at the end thereof the following: “Any veteran who is eligible for the benefits of chapter 37 of title 38, United States Code, who is found by the Secretary, by reason of his ability and experience (including training as a vocational trainee), to be likely to carry out successfully undertakings required of him under a loan which may be made under this Act, shall be eligible for the benefits of this Act to the same extent as if he were a farm tenant.” (k) Section 408 of the Federal Employees’ Pay Act of 1945 (5 U. S. C. 948) is amended by striking out “section 422 of the Veterans’ Benefits Act of 1957” and inserting in lieu thereof “section 522 of title 38, United States Code”. (l) (1) Section 2 (a) of the District of Columbia Servicemen’s Readjustment Enabling Act of 1945 (D. C. Code 45–1701 (a)) is amended (A) by inserting “or chapter 37 of title 38 of the United States Code” immediately after “(58 Stat. L. 284)” and (B) by inserting “or chapter” immediately after “said Act”. (2) Section 2 (b) of such Act is amended by inserting “or chapter 37 of title 38 of the United States Code” immediately after “Servicemen’s Readjustment Act of 1944”. (m) Section 8 of the Act of August 4, 1947 (61 Stat. 728; 5 U. S. C. 1057) is amended by striking out “title XIV of the Veterans’ Bene- 72 Stat. 1266 fits Act of 1957” and inserting in lieu thereof “chapter 73 of title 38, United States Code”. (n) The Act of August 4, 1947 (61 Stat. 747; 25 U. S. C. 331 note) is amended (1) by inserting “or chapter 37 of title 38, United States Code” immediately after “Servicemen’s Readjustment Act of 1944” and (2) by inserting “or chapter 37” immediately after “such title (o) (1) Paragraph (3) of section 202 of the Classification Act of 1949 (5 U. S. C. 1082) is amended by striking out “title XIV of the Veterans’ Benefits Act of 1957” and inserting in lieu thereof “chapter 73 of title 38, United States Code”. (2) Paragraph (23) of such section 202 is amended by striking out “Classification Act of 1923, as amended, pursuant to Public Law 636, Seventy-ninth Congress, approved August 7, 1946, as amended” and inserting in lieu thereof “Classification Act of 1949, pursuant to section 4202 of title 38, United States Code”. (3) Paragraph (25) of such section 202 is amended by striking out “section 14 (b) of Public Law 293, Seventy-ninth Congress, approved January 3, 1946, as amended by Public Law 722, Eightieth Congress, approved June 19, 1948” and inserting in lieu thereof “section 4114 (b) or title 38, United States Code”. (p) Paragraph (3) of subsection (b) of section 2 of the Performance Rating Act of 1950 (5 U. S. C. 2001) is amended by striking out “title XIV of the Veterans’ Benefits Act of 1957” and inserting in lieu thereof “chapter 73 of title 38, United States Code”. (q) Section 505 of the Housing Act of 1950 (12 U. S. C. 1701k) is amended by striking out all that follows “National Housing Act, as amended” and inserting a period. (r) Section 265 (a) of the Armed Forces Reserve Act of 1952 (50 U. S. C. 1016 (a)) is amended by inserting immediately before the period at the end thereof “or chapter 43 of title 38, United States Code”. (s) (1) Sections 602 (a) and 607 of the Housing Act of 1954 are each amended by striking out “Servicemen’s Readjustment Act of 1944, as amended” each place it occurs and inserting in lieu thereof “chapter 37 of title 38, United States Code”. (2) Section 801 of such Act (12 U. S. C. 1701j–1) is amended (1) by striking out “and the Administrator of Veterans’ Affairs, respectively, are” each place it occurs and inserting “is”; and (2) by striking out each of the following phrases wherever they appear: (A) “or guaranty”; (B) “or Administrator”; (C) “or the Administrator of Veterans’ Affaire”; (D) “or the Administrator”; (E) “or guaranteed”; and (F) “and Administrator”. (t) Paragraph (18) of section 121 (a) of the Internal Revenue Code of 1954 is amended by striking out “section 1001 of the Veterans’ Benefits Act of 1957” and inserting in lieu thereof “section 3101 of title 38, United States Code”. (u) Section 501 (c)(2) of the Servicemen’s and Veterans’ Survivor Benefits Act (5 U. S. C. 2091 note) is amended by striking out “under this Act” and inserting “under chapter 13 of title 38, United States Code”. (v) Title 10 of the United States Code is amended as follows: (1) By amending section 1441 by striking out “1115” and inserting in lieu thereof “415 (g)”. (2) By amending chapter 79 by adding at the end thereof the following: 72 Stat. 1267 “§ 1553. Review of discharges and dismissals “(a) There is in each military department, and in the Coast Guard when it is not operating as a service in the Navy, a board of review established by the Secretary of that department after conference with the Administrator of Veterans’ Affairs. Each such board has five members, and shall review, on its own motion, upon the request of any former member of an armed force, or in the case of a deceased member or former member of an armed force, upon the request of his surviving spouse, next of kin, or legal representative, the type and nature of the discharge or dismissal of such member or former member, unless such discharge or dismissal resulted from the sentence of a general court-martial. Such review shall be based upon all available records of the military department concerned, or the Coast Guard, relating to the member or former member, and such other evidence as may be presented. Witnesses shall be permitted to present testimony either in person or by affidavit, and the person requesting review shall be allowed to appear before such board in person or by counsel. “(b) Each board shall have authority, except in the case of a discharge or dismissal resulting from the sentence of a general court-martial, to change, correct, or modify any discharge or dismissal, and to issue a new discharge in accord with the facts presented to the board. The findings of each board shall be subject to review only by the Secretary concerned. “(c) No review is authorized under this section unless application therefor is filed with the proper board within fifteen years after whichever last occurred, (1) the date of the discharge or dismissal sought to be reviewed, or (2) June 22, 1944. “§ 1554. Review of decisions of retiring boards and similar boards “(a) The Secretary of each military department, and with respect to the Coast Guard, the Secretary of the Treasury, shall establish, from time to time, boards of review composed of five officers, two or whom shall be selected from the Medical Corps of the Army, from the Bureau of Medicine and Surgery of the Navy, from officers of the Air Force designated as medical officers, or from the Public Health Service. Each board shall review, at the request of any officer retired or released from active duty, without pay, for physical disability pursuant to the decision of a retiring board, board of medical survey, or disposition board, the findings and decisions of such board. Such review shall be based upon all available records of the military department concerned, or the Coast Guard, relating to the officer, and such other evidence as may be presented by him. Witnesses shall be permitted to present testimony either in person or by affidavit, and the officer requesting review shall be allowed to appear before such board in person or by counsel. “(b) Each board of review shall have the same powers as are exercised by, or vested in, the board whose findings and decision are being reviewed. The findings of each board of review shall be transmitted to the Secretary concerned and shall be laid by him before the President for his approval or disapproval and orders in the case. “(c) No review is authorized under this section unless application therefor is filed within fifteen years after whichever last occurred, (1) the date of the retirement or release for disability sought to be reviewed, or (2) June 22, 1944. “(d) As used in this section and section 1553, the term ‘counsel’ includes any accredited representative of a service organization recognized by the Administrator of Veterans’ Affairs under chapter 59 of title 38.” 72 Stat. 1268 (3) The analysis of such chapter 79 is amended by inserting immediately below “1552. Correction of military records: claims incident thereto.” the following: “1553. Review of discharges and dismissals. “1554. Review of decisions of retiring boards and similar boards.” (4) Effective as of January 1, 1958, section 6160 is amended by adding at the end thereof the following: “In the case of any initial award of naval pension granted before July 14, 1943, where the person granted the naval pension is also entitled to pension or compensation under laws administered by the Veterans’ Administration, such naval pension shall not exceed one-fourth of such pension or compensation.” (w) Effective as of January 1, 1958, the Veterans’ Benefits Act of 1957 is amended as follows: (1) By adding at the end of section 103 thereof the following new subsection: “(c) In determining whether or not a woman is or was the wife of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Veterans’ Administration according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.” (2) By striking out “disability compensation” in section 351 and inserting “disability or death compensation”. (3) By striking out “parts D and E” in section 352 and inserting “this title”. (4) By striking out “under section 921” each place it occurs in section 901. (5) By inserting “day following the” immediately before “date of his discharge” in section 910 (b). (6) By striking out “Pension” in section 921 (a) and inserting “Except as provided in section 1503 (a)(2)(A) and Public Law 828, Seventy-sixth Congress, pension”. (7) By inserting in subsection (a) of section 2101 immediately after “vocational rehabilitation,” the following: “counseling required by the Administrator pursuant to the War Orphans’ Educational Assistance Act of 1956 or title II of the Veterans’ Readjustment Assistance Act of 1952,”; and by inserting “counseling” immediately after “vocational rehabilitation,” in subsection (b) of such section.