No. 21

OFFICIAL OPINION NO. 21

Year: 1971Length: 375 wordsOfficial source

Cite as Pa. Op. Att'y Gen. No. 21 (1971)

OFFICIAL OPINION NO. 21 Veterans-Benefits under Vietnam Conflict Veterans' Compensation Act. 1. Under the Vietnam Conflict Veterans' Compensation Act, 51 P. S. § 495.l et seq., compensation is payable to any member of the armed forces of the United States eligible to receive the Vietnam Service Medal. 2. Department of Defense Instruction, 1348.15, Section V, defines those eligible to receive the medal as all members of the Armed Forces of the United States serving in Vietnam and contiguous waters, or the air space thereover, after July 3, 1965, and before a terminal date when announced, and also as mem- bers of the Armed Forces of the United States in Thailand, Laos, or Cam- bodia or the air space thereover, subsequent to July 3, 1965, serving in direct support of operations in Vietnam. Major General Richard Snyder The Adjutant General Department of Military Affairs Indiantown Gap Military Reservation Annville, Pa. Dear General Snyder: I have reviewed the material which you submitted in your mem- orandum of March 17, 1971, the Vietnam Conflict Veterans' Compen- sation Act, 51 P. S. § 459.1 et seq. and DOD Instruction 1348.15. 40 OPINIONS OF THE ATTORNEY GENERAL Section 3 of the Act makes the compensation payable to "any veteran" as defined by the Act, 51 P. S. § 459.3. Section 2 of the Act clearly defines "veteran" as any member of the Armed Forces of the United States "eligible to receive the Vietnam Service Medal," 51 P. S. § 459.2. DOD Instruction 1348.15, Section V defines these eligible to receive the Medal as follows: "General. All members of the Armed Forces of the United States serving in Vietnam and contiguous waters, or the air space thereover, after July 3, 1965 and before a terminal date when announced. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia or the air space thereover, subsequent to July 3, 1965 and before a terminal date when announced and serving in direct support of operations in Vietnam are also eligible for this award." It is my conclusion that your interpretation is correct and that you are authorized to approve payment to any person who is eligible as defined in the quoted materials. Very truly yours, J. SHANE CREAMER, Attorney General.
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