Number 16 October 29, 1973

Number 16 October 29, 1973 Mr. Thomas W. Devine, Director Vietnam Bonus Division Treasury Department State House Boston, Massachusetts 02133 Dear Mr. Devine: In your letter dated September 10, 1973 referring to St. 1968, c. 646, as amended by St. 1969, c. 325 and St. 1973, c. 692, all of which carry 74 P.D. 12 Emergency Preambles, you inquire whether Vietnam Bonuses are pay- able under certain conditions. Thus you inquire whether "I. Under the most recent amendment. Acts of 1973, c. 692, s. 1, are veterans who meet all other requirements of the statute, who served in the Vietnam area between July 1, 1958 and April 1, 1973 for any period of time, eligible to receive the $300.00 payment authorized by the statute? "2. With respect to veterans who serve during the afore- stated dates of the Vietnam conflict outside the Vietnam area, must their active service have begun not later than Oc- tober 1, 1972 in order to be eligible for payment of the $200.00 authorized by the statute, assuming all other statutory re- quirements are met? "3. With respect to the definition of 'active service in the armed forces' as appearing in Acts of 1969, c. 325, does such definition exclude from eligibility to receive payment of $300.00 or of $200.00. a member of the army national guard or air national guard whose unit was not federalized but who, under orders of his military superiors, served in the Vietnam area during the aforestated time frame for the purpose of pro- viding assistance and supplies to regular units of the armed forces of the United States operating in the Vietnam area?" Section 1 of c. 646 of the Acts of 1968 originally imposed as a primary condition for eligibility of a veteran for a Vietnam bonus that he "shall have served for a period of six months or more." Thus, in pertinent part, § 1 provided: "SECTION I. Upon application . . . there shall be . . . paid ... to each person, who shall have served in the armed forces of the United States for a period of six months or more since July first, nineteen hundred fifty-eight until the end of the Vietnam conflict . . . the sums hereinafter specified . . . (1) Three hundred dollars to each such Vietnam veteran who performed active service outside the continental limits of the United States in the Vietnam area, as said area is de- scribed by proper federal authority. (2) Two hundred dollars to all other such Vietnam veterans whose active service was performed within the continental limits of the United States, or without the continental limits of the United States in an area other than the Vietnam area." St. 1969, c. 325, added a second, third and fourth paragraph to SEC- TION 1 as it appears in St. 1968, c. 646, the second and fourth parag- raphs being as follows: "'Active service in the armed forces', as used in this sec- tion shall not include active duty for training in the army na- tional guard or air national guard or active duty for training as a reservist in the armed forces of the United States. P.D. 12 75 "The benefits of this section shall also extend to include those persons who served on active duty less than six months since July first, nineteen hundred and sixty-eight, who have been discharged or released due to a disability or disease in- curred in the line of duty, or were killed or died of injuries incurred while serving on active duty of less than six months; provided, however, they meet the requirements of this act." Section I . as it appears in Section I of Chapter 692 of the Acts of 1973, is materially changed as to the requirements of length of service provided for in the first paragrph and now provides, in pertinent part, as follows: "Section I. Upon application . . . there shall be . . . paid ... to each person, who shall have served in the armed forces of the United States in active service, since July first, nineteen hundred and fifty-eight and prior to April first, nine- teen hundred and seventy-three . . . the sums hereinafter provided . . . (1) Three hundred dollars to each such Vietnam veteran who performed active service outside the continental limits of the United States in the Vietnam area, as said area is de- scribed by proper federal authority. (2) Two hundred dollars to each such Vietnam veteran who performed active duty within the continental limits of the United States, or without the continental limits of the United States in an area other than the Vietnam area /or a period of six months or more." (Emphasis supplied.) Section 1 of Chapter 646 of the Acts of 1968, as amended by the 1969 and 1973 statutes, would appear to eliminate the six month service re- quirement for veterans otherwise eligible to receive a $300.00 bonus, and to reduce the length of service requirement for veterans otherwise eligi- ble to receive the $200.00 bonus but who did not complete six months of active duty because of disability or disease or death in the line of duty. Thus the answer to your first question is in the affirmative. The answer to your second inquiry, namely, must active service have begun not later than October 1, 1972, in order to be eligible for the $200.00 payment provided for in subparagraph (2) of Section 1 as amended, is in the affirmative. No person is eligible to receive a $200.00 bonus unless he served between July 1, 1958 and April 1, 1973, and served at least six months. Any service which commenced after October 1, 1972 would be for a period less than six months prior to April 1, 1973, and therefore would not entitle a veteran to a $200.00 bonus under said subparagraph (2) unless the six-month requirement is excused by reason of disease, disability or death as provided in the fourth paragraph of Sec- tion I. The answer to your third question is that a member of the army na- tional guard or air national guard whose unit was not federalized but who under orders of his military superiors served in the Vietnam area is 76 P.D. 12 entitled to a bonus of $300.00 if otherwise qualified. I note that both the titles and statutory language contained in St. 1968, c. 646, as amended by St. 1973, c. 692 authorize the award of a bonus to Massachusetts re- sidents "... who served in the armed forces of the United States dur- ing the Vietnam conflict." The Supreme Judicial Court has consistently held that language inserting a statute into the General Laws should be given force in determining legislative intent. Commonwealth v. Giles, 350 Mass. 102, 118; Silverman v. Wedge, 339 Mass. 244, 245; Dunn v. Commissioner, 281 Mass. 381. The word "served," in the context of military service, has been held to contemplate: "... participation in situations where army, navy, and marine corps were engaged in performing the objects for which they were called into being and the individual members were acting their several parts. So understood, service is not necessarily confined to combat with enemy forces." Dunn v. Commissioner of Civil Service, 281 Mass. 376, 380; see also, Weiner v. City of Boston, 342 Mass. 67. In my opinion the exclusion from award of the bonus, contained in St. 1969, c. 325, of army national guard, air national guard or army reserv- ist, whose only active duty was active duty for training does not disqual- ify members of the army reserve, air national guard or army national guard whose service qualifies as performing military objectives. Whether a bonus applicant has performed military objectives is, of course, a fac- tual determination which you must make. Very truly yours, ROBERT H. QUINN Attorney General